GENERAL CONDITIONS OF USE AND CONTRACTING APP

(actualizado 07/10/2018)




1. GENERAL INFORMATION AND LEGAL NOTICE

This document establishes the general conditions of use of the platform and download of the application for mobile devices owned by FlatFit App SL (hereinafter THE COMPANY), with the same name. The identifying data of the owner of the same are:

FlatFit App SL
C/ LLULL 321
08019 BARCELONA
B66982166

Registered in the RM of Barcelona, Volume 45863 Folio 115 Page 115 1st Page

We recommend that you read these terms and conditions and the Privacy Policy carefully. The access and/or use of the platform and/or app object of the present General Conditions of Use suppose an express, total and absolute acceptance to the terms of the same ones.

We inform you that FlatFit App SL reserves the right to modify and update these Conditions with immediate effect in order to adapt them to the current legislation in force at any given time, or to adapt them to the operating reality. The User of the application must periodically review these conditions in order to be permanently updated.



2. ACCESSIBILITY REQUIREMENTS

The access and download of the application is free of charge except for the costs derived from the connection offered by the telecommunications service provider that the user chooses at any time and to which THE COMPANY is totally unaware. THE COMPANY will not assume any responsibility for errors or failures in the connection of the latter. The download of the application will grant the condition of USER of the same one (hereinafter THE USER) and implies the reading, understanding and acceptance of all the terms and conditions included in the present General Conditions of Use. If you have any questions, please contact our customer service department by e-mail at hello@flatfitapp.com. THE COMPANY does not have the obligation to verify and does not verify the identity of the Users, which is why it cannot guarantee the veracity and authenticity of the data provided by them, and is exempt from any responsibility derived from the inaccuracy of the data provided by the User.



3. CONTENT OF THE MOBILE APPLICATION

FlatFit App is a marketplace where users with similar lifestyles come together to live together. THE COMPANY only combines supply and demand of rooms and/or available spaces. The USER will have to answer some questions related to the coexistence and our algorithm will tell him the % (percentage) of compatibility with the rest of users. That's where the user can talk to their favorites and then agree to search for a flat together or accept the property that another user offers. THE USER declares that he or she knows and accepts that when making comments in spaces set up for this purpose (forums, blogs, and similar), the personal data and information entered therein may be viewed by the rest of the Users, assuming any responsibility arising therefrom.

THE COMPANY only and exclusively provides the USER with the percentage of compatibility that according to technical and/or mathematical rules it is possible to have with other users. THE COMPANY does not make any recommendation regarding users in relation to the offer of leases that they make to the market, including but not limited to the promotion of tourist leases, with the Users being solely responsible for compliance with local, regional, state or supranational regulations that may apply in each case.



4. PRIVACY POLICY

In compliance with the provisions of article 5 of Organic Law 15/1999, of 13 December, on the Protection of Personal Data, we inform you that your data will be treated confidentially and will be included in the file "USERS APPLICATION" for which FLATFLIT APP SL is responsible, with the aim of its administrative and commercial management. Treatment that you expressly authorize by using and/or downloading the platform and/or application... The authorization for the commercial management of your data includes the authorization for the sending of advertising from our company and other companies related to the service sector such as real estate, travel agencies, restaurants, leisure activities and any other sector likely to offer services and / or products of interest, such as (but not limited to): telecommunications, financial services, entertainment, training, mass consumption, etc. We also inform you that your data will be treated under the strictest confidentiality. The USER may exercise his/her rights of access, rectification, cancellation and opposition, as well as revoke the consent given by sending an email to hello@flatfitapp.com. THE COMPANY reserves the right to change its privacy and data processing policy in accordance with the legislation in force at any given time.

THE COMPANY is exonerated of any responsibility in the treatment of personal data derived from the comments, recommendations and/or behaviour in general of the USER in the common spaces specially enabled in the application, such as blogs, forums, walls, etc., since its use is voluntary and previously known by the USER.



5. PUBLICITY

THE COMPANY reserves the right to cede spaces, sections or pages, interspersed or not with the contents of the USERS for their use for advertising or promotional purposes or that are sponsored.



6. OBLIGATIONS OF THE PARTIES

THE USER undertakes to use the application in the terms specified by THE COMPANY, in accordance with morality and good customs, refraining from any behaviour that is contrary to law, morality, public order and these Conditions of Use.

The USER undertakes not to carry out illicit or criminal activities that infringe the rights of third parties and/or are harmful to intellectual and/or industrial property rights, or to the legal system in general. Any USER who is aware of such a circumstance must immediately inform the COMPANY by email to hello@flatfitapp.com. THE COMPANY reserves the right to communicate such behavior to the competent authorities and State Security Forces.

The USER declares that he is a natural person, of legal age, with full legal capacity to be bound, and that the data provided are true and exact, and he himself is responsible for the lack of veracity and/or error in them. THE COMPANY declares that it has no obligation to control the veracity of the data provided by the USER but reserves the right to request accreditation of the veracity of the data provided by the USER by any means admitted by law. Failure to prove the veracity of the data will entitle THE COMPANY to deny the USER access to the application without compensation or indemnification.

By way of illustration, and in no way limiting or excluding, the User undertakes to:

-Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic, terrorist or human rights nature.
-Do not introduce or spread on the network data programs (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its providers or third party users of the Internet network.
-Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognized in the Constitution and international treaties.
-Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.
-Do not transmit unsolicited or unauthorised advertising, advertising material, "junk mail", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as commercial spaces) that have been designed exclusively for this purpose.
-Not to introduce or disseminate any false, ambiguous or inaccurate information or content in a way that may mislead the recipients of the information.
-Not to impersonate other users using their registration keys to the different services and/or contents of the Portals, or other mobile applications.
-Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of intellectual and industrial property rights, patents, trademarks or copyright that correspond to the owners of the Portals or third parties. THE USER undertakes to inform THE COMPANY of any such situation.

To inform the COMPANY of any of the above situations or of any other situation which, in the opinion of an average person, will undermine the proper functioning of the application and/or the law in force.

THE COMPANY reserves the ownership of all the exploitation rights derived from the contents stated by the USER in the Platform, an assignment that the USER accepts.



7. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All the contents of this website (including, but not limited to, trademarks, trade names, logos and distinctive signs of copyright, database, images, drawings, graphics, texts, audio and video files, software, colour combinations, etc.) are the property of FlatFit App SL or its authors and are protected by national and international intellectual and industrial property laws, among others. The user is not granted any license or right to exploit all or part of this website or the elements contained therein.

Therefore, the elements or content of this application for mobile devices may not be manipulated (modification, copy, alteration, reproduction, acceptance, translation, etc.) by the user or third parties, either totally or partially, without the express authorization of FlatFit App SL. Any alteration and/or modification of the design and/or configuration of the contents of the platform and/or mobile application is expressly prohibited.



8. LIABILITY AND GUARANTEES

THE COMPANY shall not be held liable in any case for those behaviours that the USER may or may not harm third parties in a fraudulent or negligent manner, nor for the contents, opinions, assessments or any other type of action that THE USER may manifest in the application or communicate to another user/s of the same. THE COMPANY informs you that it has no obligation to control the use of the platform by the USERS, which is why it cannot guarantee that they will use it in accordance with these General Conditions of Use and in good faith, which is why THE COMPANY cannot be held responsible for their actions.

THE COMPANY declares that it has adopted all the technical measures available according to the current state of the art of the available technology to ensure the correct functioning of the application for mobile devices, as well as to detect and not transmit malicious or harmful components to users. It is the USER'S responsibility to ensure the availability of the appropriate tools for this purpose.

THE COMPANY is expressly exempt from any liability for any damages that may be caused in the following cases:

8.1.-Impossibility and/or difficulties to establish the connection, to access it, and/or service interruptions, delays, errors and malfunction of the service.
8.2.-For the performance of "hackers".
8.3.-for any damage or loss to the USER's software or hardware resulting from the download of the application.

The USER will personally respond for any damages of any nature that may be caused to THE COMPANY that directly or indirectly may cause the breach of any of the obligations stipulated in these General Conditions of Use. THE COMPANY reserves the right to take any legal action that may be appropriate to protect its rights.

The USER will be solely responsible for the infringements he/she may incur and/or for the damages he/she may cause by using the application, and THE COMPANY will be exonerated from any liability arising from any claim and/or action admitted by law, whether judicial or extrajudicial.



9. NULLITY AND INEFFECTIVENESS OF THE CLAUSES

The declaration of total or partial nullity or ineffectiveness of any of the clauses included in these General Conditions of Use will only affect such provision(s) or the part of it(s) that has/have been declared null and void or ineffective, with the General Conditions of Use subsisting in all other respects, with such provision(s) being held to be null and void, or the part of it that is affected by not being placed.



10. APPLICABLE LAW AND JURISDICTION

THE COMPANY is of Spanish nationality and subject to Spanish law, and since the use of the Internet has no borders, THE COMPANY is exonerated from any liability that may arise from discrepancies with the legislation of other countries in relation to the content and / or other aspects of the application, being the responsibility of the USER his knowledge.

Spanish law shall apply to the matters not provided for in this Agreement, as well as to the interpretation and resolution of any conflicts that may arise between the parties as a result of this Agreement.

For the resolution of any dispute that may arise from this Contract, both parties shall submit to the jurisdiction of the courts of BARCELONA, expressly waiving any other jurisdiction that may correspond to them.