Terms of Use

TheSingularFactory SL
CIF ES­B76084367
Avenida Pintor Felo Monzón, 34 ­ Bajo
35019 Las Palmas de Gran Canaria
Islas Canarias, España


SOFTWARE LICENSE AGREEMENT

PLEASE, READ THE PRESENT SOFTWARE LICENSE AGREEMENT (HEREINAFTER “LICENSE“) BEFORE USING “THE SINGULAR FACTORY S.L.“ SOFTWARE. THE USE OF THE SINGULAR FACTORY SOFTWARE WILL BE INTERPRETED AS AN UNEQUIVOCAL ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT ACCEPT THESE CONDITIONS, DO NOT INSTALL OR USE THIS SOFTWARE.


1. General

A. The present General Terms and Conditions regulate the use of the applications of Singular Fatoring. The present General Terms and Conditions are an agreement between you and Singular Factoring. The present agreement governs the use of the application, the related documentation, the updates and improvements that replace or supplement the application and are not distributed with a separate license (altogether, the “Application“).

B. The Application is aimed primarily for users residing in Spain. Users domiciled or residing somewhere else that decide to access and/or use this App, will do it under their own responsibility and risk; and will have to make sure that such access and/or use complies with the applicable local legislation.

C. In the Future, Singular Factory reserves the right to develop updates for the Application. In such case, these updates may not necessarily include all the existing software functions, nor other new functions designed by Singular Factory for new or different devices.

D. By installing or using the application, you are accepting the present general terms and conditions of use and the privacy policy from Singular Factory, and you also agree to comply with them. In case of not accepting the stipulations of the present agreement, the User should not instal nor use the Application.


2. Permitted uses and restrictions of the License.

A. Through the present acquisition, Singular Factory grants you (and not sells) a limited and non-exclusive license to install and use the Application in as many computers and mobile devices as the selected agreement specifies, as outlined in this agreement. Thus, the User obtains rights subject to the strict compliance with the present License. Any use with commercial purposes is strictly prohibited. The user is strictly forbidden to make sublicenses or transferences, rent, hire and any other type of distribution of the Application or the right to use it. The period of the License will start the moment the user installs or uses the Application, and will end when one of the events mentioned above occurs: that will shed the Application or the termination of the License on behalf of Singular Factory.

B. Your right to use this Application is limited to the License previously granted, otherwise, copying, showing, trying to deactivate, distributing, executing, publishing, modifying, transferring or creating works derived from the Application or any part of it is forbidden; unless there is an express authorization from Singular Factory. Unless Singular Factory allows it, making a copy of the Application and making it available online for other users is completely prohibited. It is also prohibited to make the Application available on a network which allows other people to download it.

C. The users acquire a License for using this Application, thus their rights regarding to it become subject to the present agreement. Except in other cases expressly authorized differently by this document, Singular Factory reserves all rights, titles and interests in the Application (including all the characters, scripts, images, photographies, animations, videos, music and texts), as well as all the copyright, trademarks and other intellectual property associated. This License is limited to the intellectual property rights of Singular Factory and the Application licensees, and does not cover rights to other patents and other intellectual properties. To the fullest extent permitted by applicable law, the user will not be allowed, by any means, to decompile, disassemble or use reverse engineering techniques on the Application or any of its components. The user cannot delete, alter or hide any product identification, copyright or intellectual property rights of the Application. Singular Factory reserves all the rights not expressly granted by the present document.

D. In return of using the Application and inasmuch as the Users' contributions in it give rise to any copyright claim, the Users grant Singular Factory through the present document a license and worldwide, exclusive, unceasing, irrevocable and completely transferable rights for using their contributions in any way and with any effects regarding to the Application, the related goods and services; including reproducing, copying, adapting, modifying, exploiting, exhibiting, publishing, divulging, transmiting or circulating them or making them public in any mean, known or unknown, and distributing them without having to notify it or compensate the User, during the lenght of the intellectual property rights arising from the applicable laws and international agreements. The concession to Singular Factory and the disclaimer to any compensation, will outlive the termination of the present agreement.

E. The user commits to use the Application adequately and legally, in accordance with the applicable law, the present General Term and Conditions of Use, morals and commonly accepted customs and public order. The user must refrain from using the Application in an unauthorized manner or fraudulently; accessing or trying to access the restricted resources of the Application; using the Application for illicit, illegal purposes or effects, contrary to the dispositions established herein, to morality or public order, that might adversely affect the rights and interests of third parties, or cause damage, disable, overcharge, spoil or impede the use and enjoyment of the Application in any way; causing damage to the Application, its providers' or third parties' systems. The user must aslo refrain from introducing or spreading viruses or any other physical or logic systems capable of causing harm to Singular Factory's systems, its providers' or third parties' ones; trying to access, use and/or manipulate information from Singular Factory, third-party suppliers or from other users, obtaining or trying to obtain contents, using for that purpose means or procedures other than, as the case may be, those which were made available to him or her for this purpose.

F. The user shall not delete or alter the brand names or logos, the legal notices on the Application or property related to it. Your right to use the Application depends on your compliance with the terms of any agreement applicable established between you and third parties using this Application.

G. For the use and access to certain functions of the Software, Singular Factory and certain services may require a unique combination of a username and a password, called “Registration Form“. The information introduced by the user must be exact, current and accurate at all times. The user will be responsible for the custody of the password, assuming, consequently that any legal damages that could stem from its undue use, as well as from its transfer, revelation or loss. If the user stops using the account, it can be deleted through the contact form on the Application's website or contacting Singular Factory.

H. In any case, the users express and declare that they are at least 18 years old and that they have the legal capacity to accept this agreement. The users guarantee the truthfulness of the above statement, as well as the information provided to Singular Factory when registering. Likewise, keeping the information given to Singular Factory updated in the appropriate manner regarding the real status of the user, is under the users' responsibility. In any case, the users will be solely responsible for false or inaccurate claims and also the resulting damage that can be inflicted to Singular Factory or third-parties because of the given information.


3. Consent for the use of data

A. Diagnostic and Use Data

You agree that Singular Factory may collect, keep, process and use diagnostic, technic and related information, including, but not limited to, information about your device gathered periodically as a part the software updates, the product technical support and other provided services related to the Application or to verify compliance with the terms of this License. As long as it is in a form that does not personally identify you, Singular Factory undertakes to use this information only and exclusively to provide products and services and improve the existing ones.

B. Personal Data

You shall voluntarily provide the information needed for the creation of a user or administrator profile and agree that Singular Factory can gather, process and use your data, including, but not limited to, user name, password, email address and other information required to make use of the Application and the Services. Singular Factory may use this information for the implementation of the services covered by this agreement, provide content and make special offers personally to the Users on its own behalf or third parties'. If you do not agree with Singular Factory gathering, keeping, processing and using this information, do not subscribe, nor download, nor use the Application or the Services subject to this agreement.

The user guarantees that the personal information provided to Singular Factory is truthful and is responsible for communicating any amendments thereto. Equally, it would also be the responsibility of the User keep all the information provided to Singular Factory permanently updated in the appropriate manner regarding the real status of the user. The User will also be the only responsible for false or inaccurate claims.

The User is the only responsible for the data and information provided in communication with other users. If Singular Factory becomes aware that a User is infringing current legislation, it shall immediately proceed to remove the User's account.

C. Location Data

Singular Factory can provide certain services through the Application based on the geographic location information. For offering and improving such services, where they are available, Singular Factory may transmit, gather, keep, process and use location data, including the geographic location in real time of the device where the Application is installed. Consequently, you agree and accept the location information gathering, use, transmission, maintenance, processing and use operations related to your account and the registered devices, in order to provide you with the services or functions. This information may include, but is not limited to the ID, account name and the location information in real time of your device, when a user registered in the Application asks to. If you do not allow the gathering, storage, processing and use of your location data, do not subscribe the service, download the Application nor use it.

D. Rights of access, rectification and erasure of the account

According to Spanish law (Art. 5 de la Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal (LOPD)), THE SINGULAR FACTORY, S.L. reports that the personal information obtained through this form, shall form part of an automatic log file owned by this entity, in order to process your request, offering you information about the services of THE SINGULAR FACTORY, S.L. regarding to what the request is about or, if any, about its processing status and any other information related to those aspects. The information is and shall be treated by THE SINGULAR FACTORY, S.L. in accordance with relevant legislation with regard to the protection of data of a personal nature.

You may exercise your rights to access, rectification, cancellation or opposition rights to your personal data in accordance with Art. 23 and ss.del Real Decreto 1720/2007, de 21 de diciembre, de desarrollo de la Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal (RDLOPD), sending an email to info@singularfactory.com or through the contact form in this website.


4. Services

A. The Application allows the access to the services (hereinafter, collectively and individually, the “Services“). The use of such Services requires Internet access and (occasionally) the obtainment of a user account through the Register Form aforementioned. Additionally, it may also require the acceptance of some extra Terms and Conditions and can be also subject to additional fares.

B. The Users shall have to pay for their computer, the Internet connection, the mobile devices and the Service Plan for having access to the Application and using it. Singular Factory does not guarantee that the Application can be accessed from every device or with any wireless service plan. Singular Factory does not guarantee that the Application is available in every geographic location. The Users accept also that, when using the Application, their wireless service provider may charge them the stipulated rate for data, messaging and other wireless accesses. Thus, you may have to ask your service provider for the applicable charges. YOU ARE THE ONLY RESPONSIBLE FOR THE EXTRA CHARGES DERIVATING FROM THE ACCESS TO THE APPLICATION FROM YOUR MOBILE DEVICE.

C. You acknowledge that, having access to any of these Services, you may come across some content that may be considered offensive, indecent or censurable; and that may or not not be considered as adult language. Given that Singular Factory does not have any control of the sites and information that may include offensive, indecent or censurable content, you agree to use these Services at your own risk. ve indecent or censorable content, you agree to use these Services on your own risk.

D. You acknowledge that the Services may include private content, information and material property of Singular Factory; and that are protected under the applicable legislation regarding to intellectual property and other legislation, including, but not limited to, copyright legislation, and you commit not to use such private content, information or material in any way, except in relation to your use of the Services in accordance with the terms of the present agreement. No part of these Services may be reproduced in any form or by any means.

E. On the other hand, the Services that can be accessed from the Application are not available in every language or country. Singular Factory does not guarantee that such Services are suitable or available in some particular locations. At the moment you decide to access the Application, you do it on your own accord and being responsible for the compliance with any applicable laws, including, among others, the applicable local laws.

F. Singular Factory and its Licenses reserve the right to modify, suspend, remove or deactivate the access to any Service at any time and without previous notice. In no case, Singular Factory shall be responsible for the removal or deactivation of the access to such Services. Singular Factory may also impose limits on use to certain Services, without previous notice and may decline all responsibility. You acknowledge and agree that not Singular Factory nor its Licenses are explicitly or implicitly obligated to offer, or keep offering, the Service neither now nor in the future.


5. Expiry of the License

This License will be effective until the end of its validity. If you violate any of the terms of the present License and the situation is not resolved within 30 days once it is notified, your rights conferred by this License shall terminate or lose their validity automatically. When it ceases to be in force, the User shall stop using the Application, and destroy all the copies (total and partial) of such software. Paragraphs 2, 3, 5, 7, 8, 9 and 10 of the present License shall remain in force once the License is invalid.

Singular Factory shall provide access to the client's account, so the stored data acquired in the service can be exported within the next 5 days. After that, Singular Factory shall delete the data related to the client's account.

In case the client's account is configured to automatically renovate or is in a trial period, Singular Factory shall charge automatically the renewal fees, or end the trial period, unless the client had previously notified Singular Factory that he or she wanted to cancel or invalidate the automatic renewal.


6. Unsubscribing the License

You can unsubscribe this Service and terminate the present agreement with Singular Factoring following the instruction published in http://www.singularfactory.com/#contacts. Deleting the Application from the different devices, it has been installed in, is not enough for terminating the present agreement. You acknowledge accepting this agreement that you shall follow the instructions published in http://www.singularfactory.com/#contacts for terminating this agreement with Singular Factoring.


7. Exclusion of Guarantees

A. Singular Factory does not guarantee the availability of the Application and continuity of its performance. Accordingly, Singular Factory shall never be responsible for any damages or injuries that may result from the lack of availability or accessibility of the Application; any disruption in its functioning, computer failures, telephone faults, disconnections, delays or saturations caused by deficiencies or overloading of telephone lines, data centres, the Internet system or other electronic systems occurring in the course of operation, and other damage that might be caused by unauthorised intrusions beyond the control of Singular Factory.

B. Singular Factory does not guarantee the absence of viruses and other elements in the Application, added by third-parties unrelated to Singular Factory, that can produce alterations in the physical and logical systems of the Users, or in the electronic documents and files stored in their systems. Thus, Singular Factory shall not be in any case responsible for any kind of damage and injury that can result from the presence of viruses or other elements that can produce alterations in the physical and logical systems, electronic documents and files of the User.

C. Singular Factory adopts various protective measures to protect the Application and its contents against third-party's computer attacks. However, Singular Factory does not guarantee that thirds may not know the conditions, characteristics and circumstances under which the User accesses the Application. Thus, Singular Factory shall never be responsible for the liquidated damages that may result from such unauthorized access.

D. By subscribing the present General Terms and Conditions of Use, you state that you will keep Singular Factory, its parent company, directors, partners, employees, lawyers and agents unscathed from claims against them, derived from the breach of any provision contained in the present General Terms and Conditions of Use or any other applicable legislation or regulation, the violation of any third-parties rights and the breach of the permitted use of the Application by the User.

E. You acknowledge and accept expressly that, insofar as the Law so permits, the use of the Application and the Services is at your sole risk, and you also assume the entire risk as to satisfactory quality, performance, accuracy and effort.

F. To the fullest extent permitted by applicable law, Software and Services are provided “as they are presented“, with all their possible defects and without any type of guarantees. Singular Factory and its licensors exclude all the guarantees and/or implicit or legal conditions, including, but not limited to, guarantees and/or implicit conditions of merchantability, with satisfactory quality, suitability for specific purposes, accuracy, enjoyment and no-infraction of third-parties' rights, all related to the Application and the Services.

G. Singular Factory does not guarantee, without prejudice to how you may use and the benefit you may take out of the Application and the Service from Singular Factory Services, that the functions contained in the Application or Services from Singular Factory, or that the services provided by such software, will meet your needs; that the use of the Application or the Services will be unterrupted and error-free, that the Application and the Services will be compatible with third-parties software or material, or that the defects of the Application or Services will be solved.

H. You acknowledge also that the Application and the Services are not meant nor suitable for being used in situations or environments where their failures, errors or content inaccuracies, and data and information provided by the Application or the Services could give rise to death, injuries to persons and damage to property, serious personal injuries, major damage in the environment, including but not limited to activities in nuclear stations, navigator systems or aircraft communication equipment, air traffic control, hospital facilities or weapons.

I. None of the information or verbal consultation given by Singular Factory or an authorized representative of Singular Factory shall constitute a guarantee. In case the Application or the Services turn out to be faulty, you will assume the full costs of all the necessary services, reparations, and corrections. Applicable laws in some countries may not allow this broad disclaimer of certain implied warranties or limitation in the rights legally established for consumers, and if so, the non-allowable disclaimers may not apply to you.


8. Responsibility Limit

Within the applicable legal limits, Singular Factory shall under no circumstances be responsible for personal injury, loss of business profits, emerging damages, direct or indirect special damages, including but not limited to physical damages, material damages, damages resulting from the loss of benefits or information, business interruption or any other type of damages or commercial losses, resulting or related to the use or misuse of the Application, no matter what their cause and regardless to the theory of liability (breach of the contract, illegal act, or others), even if Singular Factory has been warned about the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for personal damages, loss of profit or direct and indirect emerging damage, the above limitation may not be operable. Singular Factory's liability for any damage (other than the standard required by existing law in cases where personal damages are related) shall never exceed the ammount of twenty US dollars (20 USD). The mentioned limitations shall only be valid if the aforesaid compensation fails to meet its essencial objective.


9. Applicable legislation and severabiliy

The present General Terms and Conditions of Use, as well as the relationship between Singular Factory and the User, shall be governed by and construed in accordance with the laws of Spain. Both parties agree and consent to be subject to the exclusive jurisdiction of the courts of Madrid Capital for the resolution of any dispute related to the present General Terms and Conditions of Use or the relationship between them.


10. Entire agreement; language.

The present License constitutes the agreement between you and Singular Factory, regarding to the Appliation and the Sevices, and super­sedes any and all previous agreements. The present License shall only be modified by written agreement signed by Singular Factory. The translations for the present License respond to the obligations imposed by each country; in the event of any discrepancy between the meanings of any translated versions of this Agreement and the Spanish language version, the meaning of the Spanish language version shall prevail; inasmuch as it does not oppose the local legislation of your jurisdiction.


11. Third party acknowledge.

Some of the components of the Software, use or incorporate third-party software, and other copyright material. The credits and terms of the license, as well as other of responsibility limitations regarding to such material, are contained in the electronic documentation of the Application, and the use of such materials is ruled by the respective provisions of each License.