In compliance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, and in particular, Article 10 thereof, the following legal notice is made available to the user.
Access, browsing and use of the website https://www.trackend.io (hereinafter, the Website) implies tacit and unreserved acceptance of all the stipulations of this legal notice, having the same validity and effectiveness as any written and signed contract.
Their observance and compliance will be enforceable against any person accessing, browsing or using the Website. If you do not agree with the above conditions, do not access, browse or use them.
IDENTIFICATION
- Holder: TRACKEND LABS S.L. (hereinafter, “TRACKEND").
- Registered office: Av. de Brasil, 29 - 1º, 28020, Madrid
- C.I.F.: B-13741723
- Registration details: 1st of page M-793282, folio 201 of volume 45075 of the archive, of the General Companies Section.
- E-mail: hola[@]trackend.io
OBJECT
This legal notice regulates access, browsing and use of the Website, without prejudice to TRACKEND's right to modify the presentation, configuration and content of the Website, as well as the conditions required for its access or use. Access and/or use of the Website after the entry into force of its modifications or changes implies acceptance of the same.
However, access to certain content and the use of certain services may be subject to certain specific conditions, which will in any case be clearly displayed and must be expressly accepted by users. These particular conditions may replace, complete or, where appropriate, modify those established in this legal notice.
For the purposes of the interpretation of this legal notice, it is understood that a person becomes a user (hereinafter, "User" or "Users") at the moment at which he/she accepts this legal notice and the privacy policy set out on the Website.
WEBSITE
Through the Website, the User may carry out the following actions:
- Access information on TRACKEND projects.
- Find out what's new about them.
- Contact support via email or the form provided.
ACCESS AND REGISTRATION
By accessing and browsing the Website, the User accepts in its entirety and undertakes to comply fully with this legal notice, as well as any instructions or recommendations that may be indicated in each specific case through the Website.
Access to the contents of the Website is completely free of charge.
When a User provides personal data through any of the forms provided for this purpose on the Website, it will be necessary that he/she previously accepts the Privacy Policy.
In any case, access to, browsing or registration on the Website by persons under 18 years of age is prohibited.
Under no circumstances will TRACKEND be responsible for the veracity of the data provided by the Users, so each of them will be solely responsible for the possible consequences, errors and failures that may arise from the lack of accuracy of the data.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Content rights
TRACKEND owns or, where applicable, has the corresponding licences for the intellectual and industrial property exploitation rights necessary to operate the Website, as well as all the content offered on the Website, including the Website itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through the Website.
Website Rights
Under no circumstances shall it be understood that access, browsing and use of the Website by the User implies a waiver, transmission, licence or total or partial transfer of said rights by TRACKEND. The User has the right to use the contents and/or services of the Website within a strictly domestic scope and solely for the purpose of enjoying the services provided in accordance with this legal notice.
References to registered trademarks or trade names, or other distinctive signs, whether owned by TRACKEND or third parties, imply a prohibition on their use without the consent of TRACKEND or their legitimate owners. At no time does access, browsing or use of the Website and/or its contents confer on the User any right over the distinctive signs included therein, unless otherwise provided for in this legal notice.
All intellectual and industrial property rights over the contents and/or services of the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Website, for any purpose, without the prior, express and written authorisation of TRACKEND or, where appropriate, of TRACKEND of the corresponding rights.
Likewise, it is forbidden to remove or manipulate the copyright indications or other credits that identify the holders of the rights of the contents that the User finds on the Website, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the contents offered on the Website.
The services offered, or any information made available through the Website may not be used for commercial or advertising purposes without prior authorisation from TRACKEND.
In any case, the User undertakes not to use the Website for illegal or prohibited purposes.
Rights over content and information disseminated by the User
In the event that the User sends information or content of any kind to TRACKEND through any of the channels provided for this purpose, the User declares, guarantees and accepts that he/she has the right to do so freely, that such information does not infringe any intellectual or industrial property rights, trade secrets or any other rights of third parties, and that such information is not confidential or harmful to third parties.
The User acknowledges that he/she assumes responsibility, holding TRACKEND harmless, for any communication or content sent personally or on his/her behalf.
If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual or industrial property rights, or of any other kind, he/she must immediately notify TRACKEND via the e-mail address legal[@]trackend.io so that it can proceed to take the appropriate measures.
Similarly, in the event that any User or third party considers that any of the contents of the Website owned by TRACKEND infringes their intellectual or industrial property rights, or any other rights, they must send a communication to legal[@]trackend.io with the following information:
Identification data and means of contact of the claimant or his/her legal representative;
Documentation proving your status as the owner of the allegedly infringed rights;
Detailed account of the rights allegedly infringed by TRACKEND, as well as their exact location within the Website;
Express declaration by the claimant that the use of the content has been made without the consent of the owner of the allegedly infringed rights.
LINKS
Links to other websites
In the event that the Website displays links to other websites through different buttons, links, banners or embedded content, TRACKEND informs that these are managed by third parties, and TRACKEND does not have the human or technical means to know in advance and/or control and/or approve all the information, content, products or services provided by other platforms to which links may be established from the Website.
Consequently, TRACKEND cannot assume any kind of responsibility for any aspect related to the Website or web page to which a link may be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
In this sense, if Users have effective knowledge that the activities carried out through these third party websites are illegal or contravene morality and/or public order, they must immediately inform TRACKEND so that the access link to them can be disabled, an action that will be carried out as soon as possible.
In any case, the establishment of any type of link from the Website to another external website does not imply that there is any type of relationship, collaboration or dependence between TRACKEND and the party responsible for said external website.
Links to the TRACKEND channel on other platforms and social networks
TRACKEND provides Users, through different tools and applications, with links that allow Users to access the channels and pages of the Website that it maintains on different platforms and social networks belonging to and/or managed by third parties (e.g. Instagram, Facebook, etc.). The inclusion of these links on the Website is solely for the purpose of facilitating Users' access to these channels on the different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between TRACKEND and the owner, manufacturer or distributor of the linked Website, nor the acceptance and approval by TRACKEND of its contents and/or services, the owner, manufacturer or distributor being solely responsible for them.
The activation and use of these applications may involve the identification and authentication of the User (login/password) on the corresponding platforms, completely external to the Website and beyond TRACKEND's control. By accessing these external networks, the User enters an environment not controlled by TRACKEND, and TRACKEND shall not assume any responsibility for the security configuration of these environments.
As TRACKEND may have limited control over the content hosted on such channels, the User acknowledges and agrees that TRACKEND assumes no responsibility for the content or services that the User may access on such pages, nor for any content, products, services, advertising, or any other material available on such pages.
Links on other websites to the website
TRACKEND does not authorise the establishment of a link to the Website from pages that contain materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene the law, morality or public order, or generally accepted social norms.
In any case, Users may establish links to the Website, provided that they comply with the following conditions:
The link may not reproduce the content of the Website or parts of it in any form;
You may not create a browser or border environment over sections of the Website, nor may you modify the Website in any other way;
It is not permitted to make false, inaccurate or incorrect statements or indications about the Website and/or, in particular, to state or imply that TRACKEND has authorised the link or that it has supervised or assumed in any way the contents or services offered or made available on the website where the link is established;
The web page on which the link to the Website is established shall not contain information or content that is illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain content contrary to any third party rights, including intellectual or industrial property rights and/or the right to honour, to personal or family privacy or to one's own image or any other right, or content contrary to the regulations governing the protection of personal data.
TRACKEND has neither the power nor the human or technical means to know, control or approve all the information, contents, products or services provided by other websites that have established links to the Website. TRACKEND assumes no responsibility for any aspect related to the website that establishes the link to the Website; specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
RULES FOR USE OF THE WEBSITE
Access to or use of the Website for illegal or unauthorised purposes, whether for profit or not, is not permitted and, therefore, its consequences shall be the sole responsibility of the User. In particular, and without the following list being restrictive in nature, it is prohibited:
Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in the operation of the Website or the computer equipment of any third party;
Use the Website for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
Use the Website to collect personal data of other Users;
Use the Website illegally, against good faith, morality and public order;
Registering through the Website under a false identity, impersonating a third party or using a profile or performing any other action that may mislead other Users as to the User's identity;
Unauthorised access to any section of the Website, other systems or networks connected to the Website, TRACKEND servers, or services offered through the Website, by hacking or forgery, password mining or any other illegitimate means;
Take any action that causes disproportionate or unnecessary load on the infrastructure of the Website or TRACKEND's systems or networks, as well as systems and networks connected to the Website;
Impede the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access, participation or operation thereof, or by falsifying the result thereof and/or using fraudulent participation methods, by means of any procedure, and/or through any practice that violates or infringes this legal notice.
The breach of any of the above obligations by the User may lead to the adoption by TRACKEND of appropriate measures protected by law and in the exercise of its rights or obligations, including the deletion or blocking of the account of the offending User, without the possibility of any compensation for damages caused.
RESPONSIBILITIES AND GUARANTEES
TRACKEND cannot guarantee the reliability, usefulness or veracity of all the information and/or services and contents of the Website, nor the usefulness or veracity of the documentation made available through the Website.
Consequently, TRACKEND does not guarantee and is not liable for:
The continuity of the contents, services and/or functionalities of the Website;
The absence of errors in such content;
Lthe absence of viruses or other harmful components on the Website or on the server that provides it;
The invulnerability of the Website or the impossibility of breaching the security measures adopted for it;
The lack of usefulness or performance of the contents of the Website;
Damage or harm caused, to themselves or to a third party, by any person who infringes the conditions, rules and instructions established by TRACKEND, or through the violation of security systems.
Nevertheless, TRACKEND declares that it has taken all necessary measures, within its possibilities and the state of the art, to ensure the functioning of the Website and to minimise system errors, both from a technical point of view and in terms of the content published on the Website.
TRACKEND does not guarantee the legality, reliability or usefulness of the content provided by third parties through the Website. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law, or that could infringe the rights of third parties, he/she must immediately notify TRACKEND so that it can proceed to take the appropriate measures.
TRACKEND shall not be liable for the accuracy, completeness or updating of the information published on the Website from external sources, nor for that contained on other platforms to which links are provided from the Website. TRACKEND shall not be liable for any hypothetical damages that may arise from the use of the aforementioned information.
TRACKEND shall not be liable for causes beyond its control, including but not limited to: force majeure, internet access problems, technological problems beyond the diligent and reasonable management of TRACKEND, actions or omissions of third parties, etc. In all the aforementioned cases, beyond the control and due diligence of TRACKEND, TRACKEND shall not be liable to compensate the User for damages, to the extent permitted by current legislation.
WEBSITE SUSPENSION
TRACKEND reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, browsing, use, hosting and/or downloading of content and/or use of Website services, with or without prior notice, to Users who contravene any of the provisions detailed in this legal notice, without the User being able to claim any compensation for this reason.
DATA PROTECTION
In accordance with the provisions of the Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, all personal data collected during the use of the Website will be treated in accordance with the provisions of the Privacy Policy, which all Users must expressly accept in the event of providing personal data through the Website.
GENERAL
The headings of the different clauses are for information purposes only, and shall not affect, qualify or extend the interpretation of this legal notice. TRACKEND may also modify the conditions stipulated herein, in whole or in part, by publishing any change in the same form in which this legal notice appears or through any type of communication addressed to Users.
The temporary validity of this legal notice coincides, therefore, with the time of its exposure, until it is totally or partially modified, at which time the modified legal notice will come into force.
TRACKEND may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the User being able to claim any compensation whatsoever. After such termination, the prohibitions of use of the contents set out above in this legal notice shall remain in force.
In the event that any provision of this legal notice is declared invalid or unenforceable, in whole or in part, by any court, tribunal or competent administrative body, such invalidity or unenforceability shall not affect the remaining provisions of this legal notice.
The failure of TRACKEND to exercise or enforce any right or condition contained in this legal notice shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by TRACKEND.
APPLICABLE LAW AND JURISDICTION
This Website is governed by the laws in force in Spain.
For any dispute that may arise in the interpretation and application of this Legal Notice, and to the extent permitted by current legislation, both TRACKEND and the Users expressly submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, waiving their own jurisdiction if any.
To file a complaint regarding the use of our services, you can contact us by e-mail at the following address legal[@]trackend.io and we will endeavour to find an amicable solution to the dispute at all times.