The terms and conditions indicated below (the “General Conditions”) govern the access to and use of the SPHERAG web pages, including www.spherag.com, http://portal.spherag.com, https://cloud.spherag.com, and the app, hereinafter (the “Website”). Access to the Website and the use of its contents or services by the User implies the full and unreserved adherence of the User to the General Conditions that SPHERAG TECK IOT, S.L. has published at the time of accessing the Website, which will be available to users at all times. The latest version of the General Conditions can be consulted whenever desired at the electronic address www.spherag.com.
1. Identifying Information
SPHERAG TECK IOT, S.L., is a commercial entity with Tax Identification Code Number B-99.570.285, and its registered office is in Zaragoza, Av. de Gómez Laguna, 25, Planta 10, Oficina 1B, 50009. For the purposes of this Legal Notice, the term “User” shall refer to any natural person or legal entity who accesses the page to obtain information and make use of the services offered through the Website.
2. Terms of Service
The purpose of these General Conditions is to regulate the access, navigation, and use of the Website. For the purposes of these General Conditions, the Website shall be understood as:
- The external appearance of the screen interfaces and the navigation tree.
- The integrating elements of the screen interfaces and the navigation tree (texts, graphics, drawings, designs, codes, software, photographs, videos, sounds, databases, images, expressions, and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property).
However, SPHERAG TECK IOT, S.L., may establish particular conditions that regulate the use and/or contracting of specific goods and services offered to Users through the Website. Likewise, SPHERAG TECK IOT, S.L., reserves the right to modify, at any time and without prior notice, the presentation of the Website as well as the Contents and Services it incorporates. Access to the Website and the use of its contents and services implies that the user expressly accepts each and every one of these General Conditions, as well as all particular conditions established for the use of certain services. If you do not accept these General Conditions of Use, you must refrain from accessing and/or using the offered contents. These General Conditions regulate the generic use of the Website by the User. The User will have the possibility to view and print the mentioned conditions. The User must carefully read these General Conditions on each occasion they intend to use the Website, as they may undergo modifications. It shall be understood that access to or the mere use of the Website by the User implies their adherence to the general conditions that SPHERAG TECK IOT, S.L., has published at the time of accessing the Website, which will be available to users at all times.
3. USE OF THE PAGE AND LIMITATIONS OF USE.
The contents included in the Website are provided solely to consumers or end-users. Any unauthorized commercial use of them, or their resale, is prohibited, unless prior written authorization from SPHERAG TECK IOT, S.L. is obtained. If, for the use and/or contracting of a service on the Website, the User must register, they will be responsible for providing truthful and lawful information. Access, navigation, and use of the Website are the responsibility of the User, who therefore undertakes to diligently and faithfully observe any additional instructions given by SPHERAG TECK IOT, S.L., or by authorized personnel of SPHERAG TECK IOT, S.L., regarding the use of the Website and its contents. SPHERAG TECK IOT, S.L., does not necessarily share the opinions of the Users and will in no case be responsible for them. Therefore, the User is obliged to use the contents in a diligent, correct, and lawful manner and, in particular, undertakes to refrain from: • Using the contents for purposes or effects contrary to the law, morality, and generally accepted good customs or public order. • Reproducing or copying, distributing, allowing public access through any form of public communication, transforming, or modifying the contents, unless authorized by the owner of the corresponding rights or it is legally permitted. • Using the contents and, in particular, information of any kind obtained through the page or services to send advertising, communications for direct sales purposes or any other commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to refrain from marketing or disclosing such information in any way. • Deleting, circumventing, or manipulating the “copyright” and other identifying data of the rights of their owners incorporated into the contents, as well as the technical protection devices or any information mechanisms that the contents may contain. • Interfering with or interrupting the access and use of the Website, servers, or networks connected to it. • Using the Contents and Services in any way that may damage, disable, overload, or deteriorate the Website or prevent its normal use or enjoyment by other Users.
4. Access to Contents and Services and Right of Exclusion.
Access to the Website by Users is free of charge. To access the Website, the user must:
- Have access to the Internet.
- Have the necessary equipment and computer systems to connect to the network, including a terminal that is suitable for the purpose (PC or compatible computer, telephone, etc.) and a modem or other analogous or similar access device.
The correct access and use of certain contents and services of the Website imply the downloading of certain computer programs or other logical elements onto your computer equipment. Said installation will be at the User’s expense, and SPHERAG TECK IOT, S.L., disclaims any type of liability that may arise therefrom. The User undertakes not to access the Contents and Services of the Website by means other than the screen interface that SPHERAG TECK IOT, S.L., provides to access them.
5. Registration
SPHERAG TECK IOT, S.L., may require the User to register or provide personal data to access some of the specific services. In the registration process, the User undertakes to:
- Provide accurate, truthful, and complete data about their identity.
- Update the registration data to ensure they remain accurate, truthful, and complete.
If the User does not fill in all the fields marked with an asterisk as mandatory, SPHERAG TECK IOT, S.L., reserves the right not to provide the service in question. The User may not choose as a username or password, words and/or expressions that are, in general, contrary to the law, the requirements of morality, as well as good customs, being the sole responsible for such manifestations. To this end, by way of example, the user may not select words or expressions that are offensive, insulting, slanderous, identical, similar, or coinciding with distinctive signs or company names, nor use the names of third parties. If the User provides any false or inaccurate information, or if it is contrary to the Law or the requirements of morality and good customs, SPHERAG TECK IOT, S.L., shall have the right to cancel their registration and deny access and use, present or future, of the Website or any of the Contents and/or Services incorporated therein. In the event that the information provided is incomplete, SPHERAG TECK IOT, S.L., may require the User to rectify it. The collection and processing of the User’s personal data will be governed by the provisions of the Data Protection Policy included on the Website and, where applicable, in the specific forms where the data is collected.
6. Denial and Withdrawal of Access to the Website and/or Services.
SPHERAG TECK IOT, S.L., reserves the right to deny or withdraw access to the Website and/or the Services, at any time and without prior notice, to those Users who breach these General Conditions.
7. Modifications
SPHERAG TECK IOT, S.L., reserves the right to modify its privacy policy according to its own criteria, or due to a change in legislation, jurisprudence, or business practice. If SPHERAG TECK IOT, S.L., introduces any modification, the new text will be published on this same website, where the User can be aware of the current privacy policy of SPHERAG TECK IOT, S.L. In any case, the relationship with the users will be governed by the rules provided at the precise moment of accessing the website, for which we ask you to review the content of this text regularly. These general conditions will be in force until they are totally or partially modified by others duly published, at which time the modified general conditions will come into effect. Regardless of the provisions of the particular conditions, SPHERAG TECK IOT, S.L., may terminate, suspend, or interrupt, at any time and without prior notice, access to the contents of the page, without the User being able to demand any type of compensation. After said termination, the prohibitions on the use of the contents set forth above in these general conditions will remain in force.
8. Guarantees and Liability
SPHERAG TECK IOT, S.L., will not be held responsible, directly, indirectly, or subsidiarily for:
- The quality of the service, the speed of access, the correct functioning, or the availability or continuity of the Website’s operation.
- Information entered by users, collaborators, and third parties.
- Damages that may be caused to the user’s equipment by the use of the Website.
- The infringement of intellectual and industrial property rights, rights to honor, personal and family privacy, and the image of persons (photographs), property rights, and all other rights belonging to a third party as a consequence of the transmission, dissemination, storage, making available, reception, obtaining, or access to the contents.
- The misuse of the contents of these web pages by the user.
- The performance of any type of illicit, rights-infringing, harmful, and/or prejudicial action by the user.
- Errors or omissions in the information contained on the Website.
- Unauthorized access and alteration of data stored and transmitted through the Website or the services offered.
The User is aware and voluntarily accepts that the use of the Website, the Services, and the Contents it offers, takes place, in any case, under their responsibility, for which they undertake to adopt all necessary measures to minimize risks, including the security measures necessary to guarantee antivirus and data recovery procedures.
9. Force Majeure
Without prejudice to the foregoing, SPHERAG TECK IOT, S.L., is not responsible for delays or failures that occur in the access, operation, and operability of the Website, its Contents and/or Services, nor for interruptions, suspensions, or malfunctions thereof, when they originate from breakdowns caused by the failure of the electrical power grid; natural disasters such as earthquakes, floods, fires, or lightning; pandemics; situations of extreme urgency such as wars, civil unrest, military operations, or any other situation of force majeure or fortuitous event.
10. Intellectual and Industrial Property Rights
SPHERAG TECK IOT, S.L., as the author of a collective work, or of services of any nature, is the owner of the intellectual and industrial property rights of the Website, and is also the owner or has the corresponding license over the intellectual, industrial, and image rights of all the contents available through it. In no case shall it be understood that the User’s access and navigation implies a waiver, transmission, license, or total or partial transfer of said rights by SPHERAG TECK IOT, S.L. Consequently, it is not permitted to delete, circumvent, or manipulate the copyright notice and any other identification data of the rights of SPHERAG TECK IOT, S.L., or its owners incorporated into the contents. Likewise, it is forbidden to modify, copy, reuse, exploit, reproduce, communicate publicly, make second or subsequent publications, upload files, send by mail, transmit, use, treat, or distribute in any way all or part of the contents included on the Website, without the express written authorization of, where applicable, the owner of the corresponding rights. If you are interested in an authorization or license to use the contents of the Website in any way, please contact legal@spherag.com.
11. Link Licenses
In the event that the User finds links to other web pages on the Website through different buttons, links, banners, etc., managed by third parties, you are informed that SPHERAG TECK IOT, S.L., has no power or human or technical means to know, control, or approve all the information, contents, products, or services provided by other websites to which links are established from the Website. Therefore, SPHERAG TECK IOT, S.L., assumes no responsibility for any aspect relating to the web page linked from the Website, specifically, by way of example and not limitation, regarding 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. The establishment of any type of link by the Website to another external website does not imply that there is any type of relationship, collaboration, or dependency between SPHERAG TECK IOT, S.L., and the person responsible for the external website.
12. Information about cookies
SPHERAG TECK IOT, S.L., informs that it has cookies installed on its systems. Cookies are small text files that the browser stores on your computer’s hard drive. When you browse the website, the SPHERAG TECK IOT, S.L., server may recognize the cookie and provide information about your last visit. Most browsers automatically accept the use of cookies, but you can configure your browser to be notified on your computer screen of the reception of cookies and to be able to prevent their installation on your hard drive. SPHERAG TECK IOT, S.L., reserves the right to use so-called “cookies” or similar files in any type of use of the Website. The “cookies” used are associated only with anonymous users and their terminals, without providing references that allow the deduction of the User’s personal data, and cannot read data from their hard drives, nor read the “Cookie” files created by others. SPHERAG TECK IOT, S.L., informs you that most “browsers” on the network allow users to delete “cookies” from their computer’s hard drive, block them, or receive a message before saving a “cookie,” and that you can configure your browser to be notified on screen of the reception of Cookies and to prevent their installation on the hard drives. To get help with these functions, access the instructions or manuals of the “browser” or your browser, or the “help” screen. If you want to obtain more information about cookies, you can visit our Cookie Policy available at www.spherag.com.
13. Privacy Policy
SPHERAG TECK IOT, S.L., complies with the guidelines of Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights, as well as with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, and ensures the correct use and processing of the user’s personal data. You are informed that the personal data you provide through the Website will be treated confidentially and in accordance with the Privacy Policy, which can be accessed from the www.spherag.com website. For this purpose, next to each form for collecting personal data, in the services that the User may request from SPHERAG TECK IOT, S.L., the User will be informed of the existence and acceptance of the particular conditions for the processing of their data in each case, informing them of the responsibility of the created file, the address of the person responsible, the possibility of exercising their rights of access, rectification, deletion, limitation of processing, portability or opposition, the purpose of the processing, and the communication of data to third parties, where applicable. Likewise, SPHERAG TECK IOT, S.L., informs that it complies with Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, and with the provisions of the General Data Protection Regulation, and will request your consent to the processing of your email for commercial purposes at all times. Failure to complete the fields indicated as mandatory that appear on any electronic registration form may result in SPHERAG TECK IOT, S.L., being unable to attend to your request. SPHERAG TECK IOT, S.L., informs you that you can exercise your rights of access, rectification, deletion, limitation of processing, portability, or opposition by sending an email to legal@spherag.com, or a letter to SPHERAG TECK IOT, S.L., Av. de Gómez Laguna, 25, Planta 10, Oficina 1B, 50009.
14. General Provisions
The headings of the different clauses are for informational purposes only and will not affect, qualify, or expand the interpretation of the general conditions. In case of discrepancy between these general conditions and the particular conditions of each specific service, the provisions of the latter will prevail. In the event that any provision of these general conditions is considered null or unenforceable, in whole or in part, by any competent Court, Tribunal, or administrative body, said nullity or unenforceability will not affect the other provisions of the general conditions or the particular conditions of the different services of SPHERAG TECK IOT, S.L. The non-exercise or non-execution by SPHERAG TECK IOT, S.L., of any right or provision contained in these general conditions shall not constitute a waiver thereof, unless acknowledged and agreed to in writing on its part.
15. Applicable Law and Jurisdiction.
These conditions are written in Spanish and are subject to current Spanish legislation. For any type of controversy arising from the use of the services offered or the contents of the Website, the parties submit to the Courts and Tribunals that are competent in accordance with current legislation.
