Terms of use

Overview

Welcome to USPOT TECH, S.L.! This website is owned and operated by USPOT TECH, S.L. (“Uspot,” “us,” “our,” or “we”). These Terms and Conditions of Use (“Terms of Use“) set forth the terms and conditions under which you are authorized to use our websites, including any website where these Terms of Use are posted, and any subdomains and mobile versions thereof (collectively, the “Services”).

To the extent additional rules or guidelines affect your use of our Services, those rules and guidelines (including our Privacy policy) are hereby incorporated by reference into these Terms of Use. By using any of our Services, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using our Services. Through your use of our Services, you acknowledge these Terms of Use.

Third-Party Services and Content

We provide our services on behalf of our third-party clients and may use third-party service providers to offer features or services to you. Your interactions with, and use of features and other content or services provided by, third parties are not governed by these Terms of Use. You acknowledge and agree that we are not responsible for the availability of, or any content on or through, any third-party site or service, or any use of your information by those third parties. Any reliance on representations and warranties provided by any party other than Uspot will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product, or service provided by any third party or use of your information by those third parties. Your use of those third-party websites and services is subject to the terms of use and privacy policies posted on each site or service, and we encourage you to review those terms of use and privacy policies.

Modifications and Interruption to the Services

We reserve the right to modify or discontinue all or any portion of our Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Services, nor that operation of our Services will be uninterrupted or error-free. You understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Your Account

As a condition of your right to use our Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Services under the laws of Spain or any other country. By registering as a user, you represent that you are age 16 or older. People under the age of 16 are prohibited from registering. Uspot reserves the right to terminate any account with or without reason at any time.

You will set a password for your account, and you agree to protect and safeguard it against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session and must not share your login credentials with any third parties without Uspot authorization.

You are entirely responsible for all activities and conduct, whether by you or anyone else, if conducted through your account. Uspot is not liable for any harm you may incur as a result of someone else using your password or account, either with or without your knowledge.

Data Compliance

As part of registration, you will be asked to provide certain data about yourself and others, including Personal Data (as defined in our Privacy policy) and sensitive health or financial information. By providing this data, you represent that it is true, accurate, current, and complete, and you agree to maintain and promptly update it to keep it true, accurate, current, and complete.

Uspot may process this data as set forth in the Uspot Privacy policy, including disclosing such information to our clients, authorized users, medical personnel, and other third parties for diagnosis, treatment, and other lawful purposes. By providing such data, you represent and warrant that you have all necessary rights and lawful basis to provide such data to Uspot and any third-party recipients for these and other applicable purposes described in our Privacy policy.

Our Service is not directed at children under the age of 16. Uspot complies with the Children’s Online Privacy Protection Act and other applicable laws, and does not knowingly permit registration or submission of Personal Information by anyone less than 16 years of age. By providing any Personal Data, you represent that you are the parent or legal guardian of anyone under age 16 about whom such Personal Data relates.

Please review our Privacy policy for more information about the rights you grant to Uspot, and your rights and obligations with respect to Personal Data.

Restricted Activities

You may not engage in any of the following with regard to the Services, including without limitation posting or transmitting content through the Services, and you agree not to use the Services to:

• Violate or encourage the violation of any local, state, national, or international law or regulation.
• Collect or store personal data about other users or solicit personal information without proper rights or consent.
• Send or promote any unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, or otherwise objectionable messages.
• Infringe any patent, trademark, trade secret, copyright, or other right of any party.
• Promote or distribute unauthorized advertising, “junk mail,” “spam,” “chain letters,” or similar material.
• Disrupt or interfere with the security or use of the Services or any linked websites.
• Interfere with or damage the integrity of the Services, including through viruses, harmful code, or denial of service attacks.
• Use another user’s account, impersonate another person, or misrepresent your affiliation.
• Attempt to obtain unauthorized access to the Services.
• Use any meta tags or “hidden text” utilizing Uspot name, trademarks, or product names.
• Attempt to reverse engineer or obtain the code for any software used in the Services.
• Engage in any activity that interferes with any third party’s ability to use the Services.
• Assist any third party in engaging in any activity prohibited by these Terms of Use.

Without our written consent, you may not:

• Reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for commercial purposes any Uspot content or use of the Services.
• Use any high volume, automated, or electronic means to access the Services or monitor or copy our web pages.
• Deep link to the Services for any purpose or frame the Services.
• Access the Services to build a competitive service or to benchmark with a non-Uspot service.
• Reverse engineer the Services to the extent permitted by law.

Disclaimer of Warranties and Limitation of Liability

To the fullest extent permitted by law, Uspot, its related entities, service providers, licensors, and their respective officers, directors, employees, or agents (collectively the “Uspot Parties”) expressly disclaim all warranties of any kind, whether express, implied, or statutory, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, related to our Services.

You understand and agree that your use of our Services is at your sole risk. Our Services and all content, products, and services offered through the Services are provided on an “as is” and “as available” basis. The Uspot Parties are not responsible for the timeliness of delivery of content, any failures of delivery, erroneous deletion, or any loss or damage of any kind you claim was incurred as a result of the use of any Services. Under no circumstances will any of the Uspot Parties be liable to you or to any person or entity claiming through you for any loss, injury, liability, or damages arising out of or in connection with your access to, use of, inability to use, or reliance on any of our Services or any content, product, or service provided to you through or in connection with any of our sites. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether direct or indirect, general, special, incidental, consequential, exemplary, or otherwise, including without limitation, loss of data, goodwill, revenue, or profits. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability, or any other basis; even if any Uspot Party has been advised of or should have known of the possibility of such damages; and without regard to the success or effectiveness of other remedies.

If any part of this limitation of liability is found to be invalid, illegal, or unenforceable for any reason, then the aggregate liability of the Uspot Parties under such circumstances to you or any person or entity claiming through you for liabilities that otherwise would have been limited will not exceed one hundred euros (€100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers of warranties and limitations of liability may not apply to you.

You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under any similar laws in other jurisdictions.

If this clause is held to be unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall our or the releasees total liability to you exceed €100.00. Nothing in this clause shall limit or exclude any liability for death or personal injury resulting from negligence.

Indemnification

You agree to indemnify and hold the Uspot Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on our Services, or other use of our Services in a manner not permitted by these Terms of Use. This includes your actual or alleged violation of these Terms of Use, or infringement of a third partys intellectual property or other rights by you or another user of our Services using your computer, mobile device, or account.

Copyright and Trademark Information

All content, copyrights, and other intellectual property rights in the content available on our Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively “Content”), are owned by Uspot, with all rights reserved, or in some cases may be licensed to Uspot by third parties. This Content is protected by the intellectual property rights of Uspot or those owners. All trademarks displayed on our Services are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. Such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Uspot.

Permitted Use of the Content

Any use of Content on the Services, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Uspot, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of Uspot.

You may use the Content solely for your personal, non-commercial use, except as described herein. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright, or other notice from such Content. You may not make any use of Content owned by any third parties which is available on the Services without the express consent of those third parties.

Links to the Services

You are hereby licensed to create hyperlinks to our Services, provided that the hyperlink accurately describes the Services. If you include links to our Services on your website, the applicable page within our Services must be displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page. The page on which such links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by Uspot. Under no circumstances may you “frame” all or any portion of the Services or copy portions of the Services to a server, except as part of an Internet service providers incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.

Content Complaints

If you believe that any content on our Services violates these Terms of Use or is otherwise inappropriate, please report the content by contacting us by mail at:

• Uspot Tech, S.L.
• Calle Panyo 15 BL. N 2º A
• 17800, Olot (Girona), Spain

Notification of Claimed Copyright Infringement

If you find content on our Services that you believe infringes your or a third party's copyright or other intellectual property rights, please contact Uspot's Copyright Agent with a signed statement containing the following information pursuant to the EU Copyright Directive:

• Your name, address, telephone number, and email address, and the name of the owner if acting on their behalf.
• A statement under penalty of perjury that you are the owner of the copyright or authorized to act on behalf of the owner.
• A detailed description of the copyrighted work or other intellectual property that you claim has been infringed.
• If your claim is based on a registered work, the registration number, and the date of issuance of the registration.
• A description of the infringing material and the URL where such material is located on the Services, or a description of where on our Services you found such material.
• Your written statement that you believe, in good faith, that the use of the work on our Services has not been authorized by the true owner of the work, its agent, or as a matter of law.
• A statement that all of the information you have provided is true.

Please send your notice of alleged infringement to us:

• Uspot Tech, S.L.
• ATTN: Compliance
• Calle Panyo 15 BL. N 2º A
• 17800, Olot (Girona), Spain
• E-mail: admin@uspot.io, subject line "Copyright Notice"

In accordance with the EU Copyright Directive and relevant laws, it is our policy to terminate the use of our Services by repeat infringers in appropriate circumstances.

User-Submitted Content

Any content uploaded, posted, submitted, or otherwise made available by individual users of the Services, including without limitation blog comments, message board posts, and any other content which does not originate with Uspot (“User Content”), is the sole responsibility of the person who made such User Content available on the Services. Under no circumstances will Uspot be liable in any way for any User Content made available through these Services by you or any third party.

Since Uspot does not control the User Content posted on the Services, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Services, you may encounter content that you may consider to be objectionable. Uspot has no responsibility for any User Content, including without limitation any errors or omissions therein. The Uspot Parties are not liable for any loss or damage of any kind incurred as a result of any User Content on the Services.

User Content is owned by the author thereof, and Uspot does not claim ownership of original works created and posted by individual visitors to these Services. However, by uploading, posting, transmitting, or otherwise making any User Content available on or through the Services, you are granting Uspot, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media, or format now existing or hereafter devised, without any obligation of notice, attribution, or compensation to you.

Uspot reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move, or remove any User Content that is posted on the Services. You agree that the exercise by Uspot of such discretion shall not convert or transform User Content to Content owned or provided by Uspot, and the user who made such User Content available on the Services will retain ownership thereof as described below.

As required by law, we permit minors under the age of 18 to request the deletion of any Content or information that the minor has posted on our Services. To request the removal of Content or information you have posted on our Services, please send a letter or email to the address below with (i) your name, (ii) a complete description of the content you would like removed, and (iii) the web address(es) of the content you would like removed. Please be aware that our fulfillment of this request does not ensure complete or comprehensive removal of the content or information you have posted on our Services.

Providing Feedback to Uspot

We welcome your comments and feedback about our Services. All information and materials submitted to Uspot through the Services or otherwise, such as any comments, feedback, ideas, questions, designs, data, or the like regarding or relating to the Services or the business of Uspot (collectively, “Feedback”), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Uspot reserves the right to treat any such Feedback as the confidential information of Uspot.

By submitting Feedback to Uspot, you assign to the Uspot Parties, free of charge, all worldwide rights, title, and interest in all copyrights and other intellectual property rights in such Feedback. The Uspot Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how, or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.

Governing Laws

This Agreement shall be governed and construed in accordance with the laws of Spain. By using the Service, you irrevocably agree that any legal or equitable action or proceeding arising under or in connection with this Agreement shall be brought exclusively in the courts of Girona, subject to the right to appeal to the Supreme Court of Spain, where you consent to jurisdiction and venue and service of process by any means permitted therein. You irrevocably agree to waive trial by jury in any action or proceeding arising under or relating to this Agreement. Any failure of Uspot to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Services in any way that violates applicable national or international laws, regulations, relevant guidance, or other government requirements.

Contact Us

If you have any questions about these Terms of Use, please feel free to contact us at admin@uspot.io.