Appsamblea Online Voting, S.L. (hereinafter, the Holder) with NIF B95941712, and address at Calle Gordóniz, 44, Innolab, 48002, Bilbao (Bizkaia), registered in the Mercantile Registry of Bizkaia, in volume 5819, folio 203, entry 1 with sheet BI- 72670, is the owner of the Website accessible through the URL: https://app.appsamblea.com/ and https://appsamblea.com/ (hereinafter, Appsamblea or the Website, interchangeably).
For any query or suggestion regarding Appsamblea, you can contact us through the following email address: firstname.lastname@example.org.
Below, we proceed to show the conditions that generally regulate access to the Owner's page, both of the services and functionalities offered there, without prejudice to the application of other different conditions or their modification. A periodic reading and review is recommended since there may be modifications in the legal texts.
General Conditions of Use
1. Identification of the parties
These General Conditions of Use are subscribed on the one hand by the Owner and on the other by you, as a User, a natural or legal person who freely and freely accesses the Website. These conditions will be applied regardless of whether or not the services offered on the platform are contracted.
2. Purpose of the Website
The purpose of this Website is to make an electronic voting space available to its users, as well as to inform about the functionalities held by the Owner. Access and navigation through the Website are free, although the contracting of plans entails the payment of a price as well as the acceptance of some General Contracting Conditions.
3. Obligations of the User
The User can contract the different plans available for Organizations on the web. To do this, you must provide your contact information, and the data necessary to process the contract being hired, such as bank or credit card information.
The legal basis for the treatment of such data is based on the execution of the purchasing contract.
The data retention period will be the applicable in complying with contractual obligations and, in any case, up to five more years for tax procedures and to cover possible responsibilities, unless other periods apply.
- Use the Website diligently, correctly and lawfully, always in compliance with current legislation, morals and good customs, as well as public order.
- Periodically review these Conditions, or any other that may be applicable, checking the modifications that may occur..
- Review the communications that Appsamblea sends you, since they may contain important information.
- Do not use the Website for commercial purposes, especially to collect information or content in order to provide services that clearly constitute competition for Appsamblea.
- Do not modify or try to modify in any way, or carry out actions or use means aimed at simulating the appearance or functions of the Website.
- Do not damage, disable, overload or hinder the service (or the network or networks connected to the service), or interfere with its use and enjoyment.
- Refrain from carrying out any action that involves the introduction of computer viruses, worms, Trojans or any other kind of malicious code intended to interrupt, destroy or limit the functionality of the Website.
- Do not use reverse engineering techniques and / or decrypt, decompile or use any other system intended to obtain the source code of Appsamblea.
- In any case, not to carry out any type of act that may violate the rights or interests of the Owner or third parties, such as, for example, intellectual or industrial property rights (patents, trademarks, copyright, trade secrets ... ).
4. Availability of the Website
The Owner tries to improve and expand Appsamblea, as well as its content and the services offered therein. Despite this, the Website will be displayed as it is at all times, according to availability, limitations and other concurrent circumstances.
5. Particular Registration Conditions
These Particular Conditions of Registration are subscribed, on the one hand, by Appsamblea, and on the other, by that User who has completed the form to create an account and the steps indicated on the Website intended to carry out the registration, together with the acceptance of these Particular Conditions.
5.1. Requirements and procedure to create an account
To create an account on the Website, it is essential that the User is a natural person of legal age or a legally constituted legal entity representative, all in accordance with the provisions of Spanish law.
Appsamblea, will confirm to the User their registration on the Website, by sending a welcome communication and a subsequent account verification email, from which time they become a Registered User.
If the Registered User does not remember his or her password, he or she must click on “Have you forgotten your password?”, And enter the email address through which he or she registered, for its reestablishment.
The Owner reserves the right to verify and verify the identity of the User both at the time of registration and at any other time. Failure to comply with the requirements of this section or deception regarding identity, entitles the Holder to unsubscribe at any time such User, exempting the Owner from any type of liability for such action.
Registering in Appsamblea as a User allows you to vote on the different proposals that are issued, as well as create organizations, voting sessions and groups.
5.3. Obligations of the Registered User
The Registered User has the following obligations:
- Do not register with several User accounts on the Website, or do it with false data, or impersonating the personality of third parties. You are responsible for providing your real data.
- Do not use or try to use the account of another User, without authorization or consent.
- Review the communications that Appsamblea sends you, since they may contain important information.
- Be solely responsible for all activities that are carried out from your personal account in Appsamblea.
- Take care of the confidentiality of your access data, since you will be responsible for any damage suffered or suffered by third parties for breaching these Conditions. You are also responsible for what happens in your personal account unless its security has been compromised by external causes. Specifically, you should:
- Keep the account updated.
- Store the chosen password confidentially.
- Be the only User who uses the account created.
- Do not market, sell or transfer the account to a third party.
- Appsamblea reserves the right to verify the User's profile, and may delete or suspend the account in the event of non-compliance with these legal texts or any other applicable.
5.4. Modification and cancellation of the Registered User account
At any time, the Registered User may modify the data, billing addresses of their personal account, or cancel the account through the user area.
6. Exclusion of liability
Appsamblea works so that the services and functionalities of the Website are always available. However, when you access it, it will be shown according to the availability and the limitations that concur at any time.
Despite the Owner's continuous effort to protect the systems and content included on the Website, for which purpose it uses the usual security standards on the Internet, it is not possible to offer full guarantees in relation to the intrusion or loss of information that may occur. Similarly, the absence of viruses or other harmful elements on the Website or on third-party websites that may cause alterations in the user's computer system, both software and hardware, cannot be guaranteed. For this reason, the User assumes and understands that there are situations that may escape the control of Appsamblea.
The Website may include links to pages or sites of third parties unrelated to the Owner, for which it assumes no responsibility by not approving or reviewing its functions and content. The User who accesses any link published on the Website does so at their own risk and luck, without the Owner assuming any responsibility for it.
Likewise, the Website is exempt from all responsibility derived from a misuse of it by the Users, as well as for the breach of the obligations or commitments assumed under these conditions or any other applicable.
7. Intellectual and industrial property rights
All intellectual and industrial property rights on the Website and its contents, including programming, design, applications, graphics, codes, text or images, trademarks, trade names, distinctive signs and other elements. There, they belong exclusively to the Owner, including the Appsamblea brand, or have enough rights and / or authorizations for their exploitation.
As a consequence of the foregoing, any reproduction, distribution, public communication (including making it available), transformation or any other form of exploitation, not even citing the sources, is prohibited, unless you have prior, express and in writing permission of the Holder or the exclusive holder of the rights affected.
Likewise, it is informed that the Users must be authorized or be the holders of the rights of any content that they upload to the Platform, and in no case is Appsamblea responsible for such actions and content.
If you detect any infraction, please notify us at the email indicated in the header.
The Holder can sanction any of the Users who fail to comply with the conditions that are applicable, with the impossibility of accessing, temporarily or indefinitely, the Website. The duration of the sanction will depend on the type of infraction committed. The restriction of access will not carry in any case the right to compensation.
In the event of any type of damage, loss, or cost (including attorney and / or attorney fees) derived from a breach by the User of these Conditions or any other that may be applicable, incurred by the User, Appsamblea must be compensated by the User who originated it. This includes any third-party claim derived from said breaches.
These Conditions may be modified and / or updated at any time without prior notice. The modifications made will come into effect upon publication on the Website, regardless of the means and form used for it.
The modification will only affect Users who have accepted them after said modification.
10. Other aspects
10.1. Safeguarding and interpretation
If the competent Authority declares any of these provisions to be illegal, invalid or not enforceable, this will mean that it must be interpreted in the closest way to the original intention of such provision. In any case, such declaration with respect to some or some clauses will not harm the validity of the rest.
The non-requirement by the Holder of strict compliance with any of the terms of these Conditions, does not constitute and may not be interpreted in any case as a waiver on his/her part to demand it in the future.
The language applicable to these Conditions is Spanish. If versions are provided in others in other languages such as English, it will be only for courtesy and greater comfort for the User. In case of contradiction, the Spanish version will prevail.
10.3. Legislation and jurisdiction
The Relationship between the Owner and the User will be governed by Spanish legislation and the discrepancies or conflicts regarding these Conditions, will depend on whether the user has the status of consumer and / or user in accordance with the applicable regulations.
Being a consumer and / or user, the conflicts will be submitted to the Courts and Tribunals of the User's home address. In the event that it does not have such condition, the conflicts will be determined in the Courts and Tribunals of Bilbao.