Terms of Use

1. INTRODUCTION

Loyaltio Consulting, S.L. is a Spanish company with registered office at Muntaner, 400 - 08006 Barcelona, holder of tax identification/VAT number ESB66421652 and registered in the commercial registry of Barcelona, volume 44,600, page 55, sheet 460873.

The company is comprised of several companies in the countries where its offices are located, with headquarters at Muntaner, 400 - 08006 Barcelona, Spain, and Dubai World Central, 390667 Dubai, United Arab Emirates (jointly referred to as “Loyaltio”).

Loyaltio holds all the intellectual property rights and any other rights to the Loyaltio website (the “Website”) and applications (“Applications”). Users’ (the “User” or “Users”) access and use of the Website and Applications are subject to these terms of use (“Terms of Use”) and will be supplemented with any other legal texts regulating any functionality, service, process, application, platform, or means required to use the Website or the Applications, or related to them.

Please read the Terms of Use carefully. Accessing the Website or the Applications, or both, and using the materials therein, indicates that you have read and accept without reservation these Terms of Use. Any User that disagrees with all or part of these Terms of Use should not use the Website and the Applications.

2. PURPOSE

The Website and the Applications contain materials prepared by Loyaltio only for informative purposes. Loyaltio also reserves the right to change, expand, or reduce the materials offered through the Website and the Applications at any time, notifying Users.

Without prejudice to the above, Loyaltio grants Users a non-exclusive license, which cannot be sub-licensed or transferred, to use the Website, the Applications, and their respective functionalities, content, and other features, which are subject to the remaining provisions in these Terms of Use, to any other terms of use, and the applicable law.

3. USER COMMITMENTS

The User agrees to (i) fulfill these Terms of Use, (ii) comply with the special warnings or instructions for use specified in them, and (iii) act according to the law in force, morality, best practices, and the requirements of good faith and public order. The User will apply due diligence and not use the Website or Applications in any way that could prevent, damage, or impair its proper operation or that of the assets or rights of Loyaltio, other Users, or any third party.

Specifically, and without this restricting the previous section, the User agrees to fulfill the following commitments:

4. CLAIMS AND LIABILITY

Loyaltio is not liable for (i) harm deriving from interference, omission, interruptions, computer viruses, malfunction, or disconnection in the operation of Users' electronic system or IT devices and equipment, due to causes beyond Loyaltio's control, which prevent or delay navigation through the Website or the Applications; (ii) delays or blocked use caused by problems or overloads on the internet or in other electronic systems; or (iii) the impossibility of providing the service or allowing access for reasons beyond Loyaltio's control, caused by the User, third parties, or unforeseeable circumstances.

However, Loyaltio declares that it has taken and will take, if necessary, all the measures required, based on its capability and the state of technology, to guarantee proper operation of the Website and the Applications and avoid the presence and transfer of viruses and other harmful elements affecting Users.

Loyaltio reserves the right to interrupt access to the Website and the Applications, without giving notice, for technical, security, control or maintenance reasons, due to a failure in power supply, or for any other reason. Loyaltio does not routinely monitor Users' use of the Website or the Applications.

Loyaltio is not liable for Users’ use of the content of the Website and the Applications that might entail a breach of any national or international regulations, intellectual or industrial property rights, or any other third-party rights.

Loyaltio is not liable for any errors or omissions in the content of the Website and the Applications or other content that can be accessed through them. Nor is Loyaltio liable for any harm derived from using the Website or the Applications, or for any action carried out based on the information provided in them.

Loyaltio does not guarantee the absence of viruses or other damaging elements that could harm or alter the IT system, electronic documents, or files of the Website or the Applications Users. Therefore, Loyaltio is not liable for any harm or loss those elements might cause the User or third parties.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY

Loyaltio is the exclusive owner of all intellectual and industrial property rights, and all the information on the Website and in the Applications (including information, texts, data, images, graphics, designs, source code, software, trademarks, navigation structures, databases, and any other content).

Loyaltio grants Users a non-exclusive, non-licensable, non-transferable license to use the Website and the Applications in their current version, which is subject to the other terms in these Terms of Use, as well as any other terms of use and applicable law. Users are only authorized to view and obtain a temporary private copy of the content for personal and private use on their IT systems (software and hardware), but they are not authorized to later transfer them to third parties. With the exceptions above, the User must not fully or partially modify or reproduce this information without Loyaltio’s written permission.

These Terms of Use do not grant intellectual or industrial property rights, such as copyright, trademarks, designs, or other rights, over the Applications or over any of their elements, except for the limited license for use granted to Users to use the Applications under the conditions established in these terms.

Users must not reproduce, transfer, transform, distribute, publicly disclose, make available, extract, reuse, exploit, or use in any way, by any means or procedure, any of them, unless it is allowed by law or with Loyaltio’s written permission.

Users grant Loyaltio a non-exclusive, unlimited, entire, transferable, free, and sub-licensable right over any non-personal data or data from which personal references have been removed (anonymized data).

6. DATA PROTECTION

Loyaltio will protect Users' personal data and will only use it to the extent permitted by law or with Users’ consent. Users can find more information on this in the Privacy Policy.

7. THIRD-PARTY LINKS

These Terms of Use apply only to Loyaltio’s Website, Applications, and content, and not to third-party links, websites, or applications accessed through them, or any other third-party service. Loyaltio cannot control the information, content, products or services provided by third parties that have established links to the Website or the Applications, and access to them through the Website or the Applications does not imply that Loyaltio recommends or approves their content.

Consequently, Loyaltio will not take on any liability deriving from them. If other IT networks or resources are accessed, the User agrees to comply with the provisions in the relevant privacy policies and terms of use.

Loyaltio offers Users these links, information and services only for the User’s benefit, and the User is responsible for reading and accepting the terms of use and privacy policies published on those websites or related applications. Their inclusion on the Website does not imply that Loyaltio approves of the linked website.

Loyaltio declares that it will immediately withdraw any link when the content it leads to may breach national or international law, or go against morality or public order.

8. CHANGES TO THE TERMS OF USE

Loyaltio reserves the right to change or update these Terms of Use at any time, as well as any information that appears on the Website and the Applications.

9. COMMUNICATION

For purposes of these Terms of Use, any communication required between the User and Loyaltio must be sent to info@loyaltio.com.

10. NOTICE OF INCIDENTS AND POTENTIAL INFRINGEMENTS

Loyaltio respects third-party rights and the applicable law. Users of the Website and the Applications are also obliged to do so. If any technical incidences occur in the Website or the Applications, or if any errors, inaccuracies, or unlawful content are found in any sections, contact info@loyaltio.com.

11. SEVERABILITY AND INTEGRATION OF CLAUSES

The unlawfulness, invalidity or non-effectiveness of any of the clauses of these Terms of Use will not affect the validity of the other provisions, provided the rights and obligations of the parties deriving from the Terms of Use are not affected in an essential manner. “Essential” refers to any situation that seriously damages either party’s interests, or affects the purpose of the Terms of Use. These clauses must be replaced with or integrated into others that comply with the law and fulfill the purpose of the replaced clauses. The parties waive any claim for harm and loss that may be filed in this scenario.

12. APPLICABLE LEGISLATION AND JURISDICTION

Access to the Website and the Applications entails the User’s acceptance of the provisions in these Terms of Use. If you disagree with these Terms of Use, please do not view or use the Website and the Applications. Any dispute arising from them will be governed by Spanish law, and the parties waive their rights to any jurisdiction they might be entitled to, and submit to the jurisdiction of the courts of the city of Barcelona (Spain).