Spamina Software License Agreement

CLAUSES

1. Purpose

These Terms constitute the legal agreement which governs the use of the ParlaMI service (hereafter, the Service) offered to the User by Spamina. Spamina offers You access to the Service subject to acceptance without modification of all of the Terms and Conditions contained herein. Therefore, the You must hold the capacity to enter into and be bound by legal contracts according to applicable Law.

These Terms as well any other operating rules, policies and procedures may be amended from time to time, and Spamina reserves the right to unilaterally introduce such changes which are part of and incorporated into these Terms and Conditions and apply to Your use of the Service. If the change is material, Spamina will notify You i) via an email to the address provided by You when at Service sign-up time, ii) via the mobile app used to access the Service, or iii) via an update of the website www.spamina.com. The most current version will always be available at https://spamina.com/en/popups/terminos-condiciones-parlami.php. The updated version will be effective upon its publication on the website unless stated otherwise in the updated Terms. You accept the Terms by clicking on a user interface element (typically a check box), if that is made available to You, or by continuing Your use of the Service. If You do not agree to the updated version, You must immediately terminate Your registration and/or discontinue Your use of the Service.

 

2. The Service

The Service is an instant messaging application called ParlaMI which You must access via a mobile application (app) running on either iOS or Android. ParlaMI allows You to keep in touch with other ParlaMI users. Use of the Service requires compatible devices, Internet connectivity and a mobile data service. It is Your responsibility to meet the requirements by Your own means; they are not part of the Service provided to You by Spamina.

You may only access the Service via the app provided to You by Spamina. Failing to comply with this requirement may result in immediate termination of Your account at the Service.

The service is provided to You free of charge. You understand and accept that there may be Service interruptions and Spamina is not liable for any disruption or loss You may suffer as a result. The Service and any feature or part thereof may not be available in all countries.

 

3. User’s obligations

In order to use the Service, You must provide Spamina with Your email, full name, company name, job title, country of residence and phone number, which You state are accurate and truthful. Furthermore, by the act of registering You accept the obligation of keeping Your information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of Your account at the Service.

You are responsible for maintaining the security of Your account and the confidentiality of Your password. You understand and agree that if Your user name and password are used in connection with the Service, Spamina shall attribute that use to You and You will be responsible for the activities occurred under Your account. In case You suspect of a breach of security, please contact us immediately at support@spamina.com.

By using the Service, You agree not to:

  • Become a service provider for software applications that are designed to allow third-party access to the Service or any of its components through rental, administrative services or similar.
  • Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent where applicable laws specifically prohibit such restrictions.
  • Use the Service to exchange illegal information and/or documents contrary to ethics, public policy, or to infringe any copyright and/or industrial or intellectual property rights.
  • Subject the Service or any other Spamina infrastructure to workloads or activities that are aimed at the destabilization of said services, including denial of service (DoS) and similar attacks.
  • Use the service for illegal purposes or to exchange illegal information or to evade compliance with legal obligations in the state of origin or destination of the communication.
  • Send any content that constitutes unauthorized or unsolicited advertising, bulk messages or spamming, or that contains software of any kind designed or intended to disrupt, damage, limit or interfere with the proper functioning of equipment, systems or services.
  • Engage in any form of fraudulent communication.
  • Translate, adapt, improve, transform or correct the service, or any of its integral elements, or otherwise modify the service, and not to incorporate the service into other proprietary or third-party software.
  • Remove, suppress, alter, manipulate or in any way modify the notes, legends, indications or symbols that Spamina, as the legitimate holder of the rights, incorporates into their property in terms of intellectual or industrial property (such as, copyright, ©, ®, and ™).

Spamina reserves the right to change or remove the infringing content, delete, restrict or block access to, or stop providing all or any part of the Services if You fail to fully comply with these Terms. The failure or delay by Spamina in exercising this right will not be construed as a waiver or release of that right with respect to subsequent or similar breaches.

 

4. Responsibility about Contents

As a user, the responsibility about the contents you submit or post to the Service is solely and exclusively Yours. Contents are herein defined to be text messages, document files, images, software, video, sound files and any other data transmitted via or stored in the Service. Pursuant to article 16 of Law 34/2002 of July 11th on information society and e-commerce services and Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market, under no circumstances will Spamina be considered responsible for contents uploaded, downloaded, posted, transmitted, stored or otherwise made available through Your account.

Furthermore, Spamina assumes no liability regarding:

  • The veracity of the information hosted and/or exchanged by You or any other user of the Service.
  • Any errors caused by the access providers which precludes the use of the Service.
  • Contamination of Your computer or device by viruses or any other malware, whose protection is entirely Your responsibility.
  • Damage to equipment or software systems.
  • Violation of intellectual or industrial property rights, or of any other rights or legitimate interests that may arise from the use of the Service.
  • That which is exclusively attributable to You, such as any direct or indirect damage that You may cause to third parties.

Spamina reserves the right to decide whether the content used in connection with the Service is appropriate and complies with these Terms. In cases of infringement, Spamina reserves the right to remove or block any content at any time.

Additionally, You are informed that Spamina removes the contents within thirty (30) calendar days after the material is sent, submitted or posted to the Service by users. Furthermore, only the last five hundred (500) messages are available to You at any given time, counting both sent and received messages as a single entity. Therefore, by using the Service You consent to the aforementioned contents removal, which is irreversible. Spamina assumes no liability for any consequence of the unavailability of such removed contents.

 

5. Intellectual and industrial property

Spamina states that it is the rightful owner of the existing intellectual property rights on the Service and anything related to it. Spamina owns all the copyright, intellectual and/or industrial property rights, and it is able to exploit the Service without any restriction of temporal or territorial nature relating to media or methods of distribution.

The structure, characteristics, working methods, development tools, know-how, methodologies, processes, technologies and algorithms as well as computer programs that constitute and/or may be related to the Service are the exclusive property of Spamina, and they may not be modified, copied, altered, reproduced, adapted or translated by the User, without the prior consent of Spamina. This applies to any software and documentation, as well as their updates and upgrades, provided to the User as part or in connection with the Service.

The provision of the Service to the Users or the mere access by them does not imply, in any case, the transfer of ownership or the granting of any rights of use in their favor other than that expressed in these Terms. In any case, Spamina reserves all rights to any aspect not expressly recognized in these Terms.

 

6. Transferal and sub-contracting

The accounts of the registered Users are completely personal and non-transferable. The User may not transfer, sub-contract or otherwise dispose of the rights and obligations under this Agreement to a third party without the prior written consent of Spamina.

In the event that the User is duly authorized by Spamina to carry out the transfer or subcontracting of the account in favor of a third party, the User and the third party will answer jointly against Spamina in relation to the rights and obligations under this Agreement that are breached by the third party in question.

 

7. Privacy policy, security and data protection

Spamina, as a provider of electronic communication services and information hosting, guarantees that all contents exchanged via, or hosted at, Spamina systems will be treated as confidential. To that end, appropriate security measures will be applied in order to achieve maximum protection of said contents. Spamina neither uses personal information nor discloses it to third parties except in accordance with the its privacy policy.

The users of the Service are hereby informed that the personal data provided at service registration time, and any subsequent update, will be incorporated into filing systems under direct and exclusive control of Spamina. The processing of such personal data will take place in all cases by subjecting it to the security measures expressly indicated in the Spanish Data Protection regulations. Spamina will make its best efforts to implement the technical and organizational measures necessary to achieve the maximum security of the personal data, thus avoiding its alteration, loss, unauthorized access or processing, taking into account the state of the technology, the nature of the data hosted and the risks to which they are exposed.

Additionally, the users of the Service are informed that certain non-personal data may be collected by Spamina, such as geographical location, language, gender and records of user activity, which will help Spamina in improving the Service, its operation, or the overall user experience with the Service. Such collected data are in all cases subjected to anonymization, and if they are ever linked to personal data, the combined data set is treated as personal data.

Spamina may use the provided data to communicate with the User, either electronically or by physical means (e.g., postal mail), so that the User has access to technical recommendations, security or service maintenance alerts, updates to these Terms, and occasionally receive invitations to participate in surveys or promotions which might be of interest to the User.

Users have rights of access, rectification, cancellation and, if appropriate, objection, in relation to their personal data, and may exercise these rights at any moment by sending a request to support@spamina.com. The request must include a copy of the User’s Identification Document issued by the competent authority of the respective country of residence.

Spamina states that the servers used for the provision of the service are under its effective control and that they are located in the European Union, or, if appropriate, in countries whose security and protection levels are comparable to those required by EU regulations.

In accordance with the provisions of the Spanish and European Community data protection regulations, Spamina informs You that in order to ensure a higher quality, availability and level of service, has hired the server hosting services with companies registered in Spain. For this purpose, Spamina has signed with those companies the corresponding contracts for provision of services and service level agreements, as well as compliance reviews and audits of the legal obligations imposed by the regulations for data protection.

 

8. Disclaimer

The Service as a whole as well as any software, including their updates and upgrades, made available by Spamina as part or in connection with the Service, are provided «AS IS» and the entire risk as to satisfactory quality, performance, availability, security, accuracy and effort is with the User to the fullest extent permitted by applicable law. Spamina makes no warranty that (i) the Service will meet the User’s requirements; (ii) the Service will be provided on an uninterrupted, timely, secure or error-free basis; (iii) any information obtained by the User via the Service will be accurate or reliable; or (iv) any defects or errors in the Software provided to the User as part of the Service will be corrected. The users are responsible for compliance with all applicable laws in connection with their access and use of the Service.

As a User, You acknowledge that Spamina has no control over, and no duty to take any action regarding which users access the Service; what Content You access via the Service; what effects the Content may have on You; how You may interpret or use the Content; or what actions You may take as a result of having been exposed to the Content. Furthermore, You acknowledge that Spamina shall not be liable for User Content or the inappropriate conduct of any third party.

Nothing in this section will be interpreted as purporting to exclude liability which cannot be excluded under prevailing legislation.

 

9. Applicable law and competent jurisdiction

For any litigation or dispute arising from this Agreement, the Spanish law will apply. Both Parties expressly waive any jurisdiction which may correspond to them and agree to submit to the jurisdiction and competence of the Courts and Tribunals of the city of Madrid.