Legal Information

General


CLOUDGUIDE, S.L. is a company founded in 2013 and operates under Spanish law.

Headquarters


CLOUDGUIDE, S.L.
C/ Valencia 231 2-1
08007 Barcelona
Spain

Contact details

E-mail: info@cloudguide.me
Phone: +34 932 200 040


Acknowledgements


Trademarks


  • CloudGuide is a registered trademark of CLOUDGUIDE, S.L. in the European Union.
  • iOS is a registered trademark of Cisco in the US and is used by Apple under license.
  • Apple, Mac, Mac OS, Macbook, Macbook Pro, iPhone, iPad, iPad Air, iPod, iPod touch, iBeacon, iTunes, Find My Friends, iMessage, QuickTime and their logos are registered trademarks of Apple Inc. in the United States and other countries. App Store is a service mark of Apple Inc.
  • Bluetooth is a registered trademark owned by Bluetooth SIG, Inc.
  • Facebook and its logo are trademarks of Facebook, Inc, registered in the United States and other countries.
  • Google, Android, Google Maps, Google Play, Google Docs, Google Picasa, Gmail, Google Chrome, Google Plus, YouTube and their logos are trademarks of Google, Inc. in the US and/or other countries.
  • LinkedIn and its logo are registered trademarks of LinkedIn Corporation and its affiliates in the US and other countries.
  • Twitter, its logo and the Twitter bird are registered trademarks of Twitter Inc. in the US and other countries.

Other

  • CloudGuide Play™ (formerly CloudGuide Education) is a project of CLOUDGUIDE, S.L. partly funded by the European Union.
  • CLOUDGUIDE, S.L. cuenta con financiación de ENISA (Ministerio de Industria, Energía y Turismo).

Terms and conditions


CLOUDGUIDE, S.L. (hereafter called the Company), located C/ Valencia 231 2-1, 08007, BARCELONA (BARCELONA), SPAIN, holding CIF B66169228, inscribed in the Commercial Register of Barcelona, Volume 44071, Folio 188, Sheet B-446404, INFORMS.

The domain name www.cloudguide.me (the “website”) and the mobile applications “CloudGuide” published on the application stores for iOS and Android operating systems (the “apps”) are duly registered by the company, with all the guarantees, as specified in the Law 34/2002, of July 11, Law on Information Society Services and Electronic Commerce. However, it is highlighted that these Legal Terms are fully adapted to the regulations in force regarding Data Protection, Electronic Commerce, Contracting Conditions, Intellectual Property and other subsidiary provisions.

1. ACCEPTANCE OF THE LEGAL TERMS

A. Access to the website and the apps or their use in any way implies the acceptance of each and every one of these Legal Terms, the company reserves the right to modify them at any time. Consequently, it will be the responsibility of every visitor and / or User, to carefully read the Legal Terms of valid use in each of the occasions in which he or she accesses this website or the apps, and in case of not agreeing with any of the terms the user shall abstain from using this website or the apps.

B. The Company reserves the right to amend or supplement these Legal Terms, in which case the updated terms will be published on the website. If continuing to use the website or the apps, the user irrevocably accepts the amended or supplemented Legal Terms. In case of not agreeing with any of the amended or supplemented terms the user shall abstain from using this website or the apps.

2. OBJECTIVE

A. Through the website and the apps, Users get access to various contents, services, information and data (the "contents"), made available to them. The company reserves the right to modify at any time the presentation, configuration and location of the website and the apps, as well as the contents, products and services it provides.

3. ACCESS CONDITIONS

A. Visitors may browse the products and services presented on the website and the apps freely and are not obligated to register and share personal data or use keys and passwords.

B. When it is necessary to provide personal data to access certain content or services, Users will guarantee its accuracy, authenticity and validity. The company will treat this data automatically according to its nature or purpose, following the terms indicated in the section on Data Protection Policy.

4. USE CONDITIONS

A. The User undertakes to make appropriate use of the website and the apps as well as the contents and services, in accordance with the applicable legislation, the Legal Terms of the website and the apps, morality and generally accepted good practices and public norms. The User must refrain from:

  • Make unauthorized or fraudulent use of the website, the apps and / or content for illegal purposes or outcomes, prohibited in these Legal Terms, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored on any computer equipment;
  • Access or attempt to access resources or restricted areas of the website and the apps, without complying with the conditions required for such access;
  • Cause damage to the physical or logical systems of the website and the apps, its suppliers or third parties;
  • Introduce or distribute computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the company, its suppliers or third parties;
  • Attempt to access, use and / or manipulate the company's data, third-party providers and other Users;
  • Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless having the express authorization of the owner of the corresponding rights or being legally permitted;
  • Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties involved in the contents, as well as the technical protection or any information mechanisms that may be inserted in the contents;
  • Try to obtain personal data other than those the User is authorized to know, using means or procedures that are unlawful, fraudulent or that may cause any type of damage. (e.g. Viruses, Trojans, bug's, Worms, etc);
  • The User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and / or image files, photographs, recordings, software and, in general, any kind of material that:
    • Is in any way contrary, disrespectful or violating the fundamental rights and public liberties recognized constitutionally, by the international law and other forms of legislation;
    • Induces, incites or promotes actions of criminal, slanderous, defamatory, violent character or, in general, contrary to the law, morals, generally accepted good practices or public norms;
    • Induces, incites or promotes discriminatory actions, attitudes or thoughts because of sex, race, religion, beliefs, age or condition;
    • Incorporate, make available or allow access to products, elements, messages and / or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good practices or public norms;
    • Induces or may induce an unacceptable state of anxiety or fear;
    • Induces or incites to engage in dangerous, risky or harmful practices for health and psychical balance;
    • Is protected by the legislation on intellectual or industrial rights of the company or third parties without having authorized the intended use;
    • Is contrary to the honor, personal and family privacy or personal image;
    • Constitutes any type of publicity;
    • Includes any type of virus or program that prevents the normal operation of the website and the apps.
    • The above list is merely indicative and not exhaustive.

B. When it is necessary to provide personal data to access certain content or services, Users will guarantee its accuracy, authenticity and validity. The company will treat this data automatically according to its nature or purpose, following the terms indicated in the section on Data Protection Policy.

C. The user might choose to register on the website or in the apps. In this case the user is responsible for maintaining the secrecy of the login details including the password. The user accepts and acknowledges that he or she is at all times responsible and liable for the use of the website and the apps by third parties with the use of the user´s login details.

D. The user acknowledges and agrees that any personal information (such as reviews, shares, etc.) he or she makes publicly available through the website or the app can be visible to and used by other users.

E. The user understands that the website and the apps aggregate the information provided by multiple third parties and therefore accepts that the company bears no liability for any incorrectness, incompleteness or errors in the content available on the website and the apps.

F. Although the access to the website and apps is free of charge, certain parts of content might request a fee to be accessed. If the user performs an electronic payment by credit card on the websites or apps, the personal data will be stored to be able to process the payment, provide the service, and comply with fiscal and accounting laws. The company will however never store the user´s credit card details, they will be sent directly to the servers of the company´s payment provider, Stripe Inc., or the purchase will be performed through native in-app purchase mechanism in conformity with the relevant in-app purchase program for iOS and Android.

G. In case of encountering any issues with the electronic payments the User might decide to request a refund. To request a refund the User has to contact support@cloudguide.me, providing the following details: description of the problem, name of the institution/guide/object, phone model, operating system version and screenshots of the problem encountered by the User. The refund has to be requested within 20 calendar days after making the payment. The Company will only handle the issues related to the payments directly on its website or apps. For issues related to offline purchases the User should contact the seller.

5. RESPONSIBILITIES

A. The company does not guarantee continuous access, nor the correct visualization, download or use of the elements and information contained in the pages of the company, which may be impeded, hindered or interrupted by factors or circumstances that are beyond its control.

B. The company may interrupt the service or immediately terminate the relationship with the User if it detects the use of its website and the apps or any of the services offered breach these Legal Terms.

C. The company makes the email address info@cloudguide.me available to the Users to report any content that may affect the activity of other Users, leaving the opportunity to rectify it if appropriate.

D. The company is not responsible for any harm, damages, losses, claims or expenses, caused by:

  • Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the system operation, caused by deficiencies, overloads and errors in the telecommunication lines and networks, or by any other cause beyond the control of the company;
  • Illegitimate intromissions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other;
  • Improper or inappropriate abuse of the company's website and the apps;
  • Security or navigation errors caused by malfunction of the browser or by the use of non-updated versions. The administrators of the company reserve the right to withdraw, totally or partially, any content or information present on the website and the apps.

E. The company excludes any responsibility for damages of any nature that could be due to the misuse of the services available online or use of the website and the apps. Also, the company is exempt from any responsibility for the content and information that may be received as a result of the data collection forms, designed exclusively for the provision of the described services offered by the company (e.g. online commerce, budget requests). The company also excludes any responsibility in case of causing damages and losses due to an illicit or incorrect use of said services.

F. The website and the apps may contain links to third party websites that are not owned or controlled by the company. The company has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party websites.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY

A. The User acknowledges and accepts that all trademarks, trade names or distinctive signs, all rights of industrial and intellectual property, on the contents and / or any other elements user in the website and the apps, are the exclusive property of the company and / or third parties, who have the exclusive right to use them. In no case does access to the website and the apps imply any type of waiver, transmission, license or total or partial cession of said rights, unless expressly stated otherwise. The present Legal Terms of the website and the apps do not grant the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the website, the apps and / or of its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the company or the third party owner of the rights affected.

B. The contents, texts, photographs, audios, videos, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this website and the apps, as well as the site as a whole, as a multimedia artistic work, are protected as rights of copyright by the legislation on intellectual property. The company owns the elements that make up the graphic design of its website and the apps, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the website and the apps or holds the corresponding authorization for the use of said elements. The content provided on the website and the apps may not be reproduced in whole or in part, nor transmitted, nor registered by any information retrieval system, in any form or in any medium, unless prior written authorization is granted by the Company.

C. It is forbidden to suppress, avoid or manipulate the "copyright" and the company reference, as well as the technical protection mechanisms or any information mechanisms that may contain the contents. The User of the website and the apps undertakes to respect the described rights and to avoid any action that could harm them. The company reserves in any case the right to exercise any corresponding measures or legal actions in defense of its legitimate rights of intellectual and industrial property.

7. DATA PROTECTION

A. To use some of the Services, Users will be requested to previously provide certain personal data. For this, the company will automatically process the Personal Data in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016. The user can access the description of the policy of personal data processing (DATA PROTECTION POLICY) as well as the established purposes of the data collection, in the Data Protection Policy presented on the website and the apps.

8. DURATION AND TERMINATION

A. The website, the apps and other available services in general have an indefinite duration. However, the company may terminate or suspend any of the services to the User. When possible, the company will announce the termination or suspension of the service provided.

9. FORCE MAJEURE

A. The company will not be held responsible for not being able to provide the service if this is due to prolonged interruptions of the power supply, telecommunications lines, social conflicts, strikes, rebellions, explosions, floods, acts and omissions of the Government, and in general all the circumstances of force majeure.

10. COOKIES USED IN THE WEBSITE

A. Following the guidelines of the Spanish Agency for Data Protection we proceed to detail the cookies used on this website as accurately as possible.

This website uses the following own cookies:

  • Session cookie. This cookie is a unique reference to your login session and makes that you do not have to enter your login credentials for every resource you visit on the website. This includes the 'cloudguide_session' cookie.
  • Link tracker cookies. These cookies may be used when clicking links or downloading files on our website or from our e-mails and assist us in gathering analytics on who opens these links and/or files. This includes cookies that start with 'CG_LT_C_' and 'CG_DT_C_'.

This website uses the following third-party cookies:

  • Google Analytics. This external service uses several cookies to build statistics of traffic and visits to this website. When visiting this webiste you agree to Google's treatment of your personal information. This includes the '__utmb', '__utmt', '__utma', '__utmc', '__utmz' and '__ga' cookies.
  • Facebook. This cookie will help CloudGuide, Facebook and Facebook's clients in displaying targeted advertising when users visiting this website visit Facebook or vice versa. This includes the '_fbp' cookie.

11. APPLICABLE LAW AND JURISDICTION

A. These Legal Terms are governed by the Spanish Law. To the extent permitted by law, the parties expressly waiving any other jurisdiction that may correspond to them, agree to fall under the jurisdiction of the Courts and Tribunals of the company's headquarters.

Supported by

ICF
ICEX
Booking Booster
Enisa
European Commission Seal of Excellence
ICUB
Ministerio de Educación, Cultura y Deporte
Techstars Paris