Legal

Legal Notice

1.Ownership of the App

In accordance with Article 10 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce ("LSSI"), we inform you that the FitCatch application (the "App") is operated by FITCATCH, S.L. ("FitCatch" or the "Entity"), with CIF B26683276, registered in the Madrid Mercantile Registry, Sheet M-877339, Entry 1, with registered address at Calle Juan Bravo, 3A, 4J, 28006, Madrid, Spain. You may contact us at info@fitcatch.co.

2.Use of the App

This Legal Notice governs the use of the information society services provided by the Entity through the App. The processing of personal data is regulated in the Privacy Policy.

Information on the use of cookies can be found in the Cookie Policy.

By accessing and using the App, the user ("User") fully accepts this Legal Notice, the Privacy Policy, and the Cookie Policy, as well as any instructions provided through the App.

Access to the App is free of charge, except for the cost of the telecommunications connection provided by the User's internet service provider.

The Entity reserves the right to modify or update the App and its content, configuration, and presentation, including this Legal Notice, at any time without prior notice. We recommend reading it before each use. These terms will be made freely accessible at all times.

The User agrees not to use the App for fraudulent purposes or in any way that could damage the image, interests, or rights of the Entity or third parties, and undertakes to use the App diligently, correctly, and lawfully. In particular, the User agrees not to suppress, circumvent, or manipulate copyright notices or technical protection devices incorporated in the App's content.

As a result, the User is solely responsible for:

  • Any consequences arising from unlawful or improper use of any content of the App.
  • Any consequences arising from use that infringes the rights of third parties or that damages, disables, or deteriorates the App or prevents other Users from enjoying it normally.

If the User breaches this Legal Notice, or if the Entity reasonably suspects a breach, the Entity reserves the right to limit, suspend, or terminate access to the App, taking any necessary technical measures. The Entity also reserves the right to decide on the continuity of its services at any time.

3.Intellectual and Industrial Property

The intellectual property rights over the layout and content of the App (including the sui generis database right), its graphic design (look & feel), distinctive signs (trademarks and trade names), underlying software (including source code), and all elements forming part of the App (texts, graphics, photographs, videos, etc.) belong to the Entity or it holds the right to use and exploit them, and as such they constitute works protected under applicable intellectual and industrial property law.

Use of the App does not imply any transfer of intellectual and/or industrial property rights over the App, its content, or the Entity's distinctive signs. Except where legally permitted, reproduction, transformation, distribution, public communication, making available, extraction and/or re-use of the App, its content, or the Entity's distinctive signs — whether in whole or in part — is expressly prohibited.

Any reproduction of App content for profit or commercial purposes is strictly prohibited, as is any copying, adaptation, modification, distribution, public communication, or other action that infringes applicable Spanish and/or international intellectual and/or industrial property law, or use of App content without the prior express written authorisation of the Entity.

4.Limitation of Liability

The Entity applies appropriate technical and organisational measures to ensure an adequate level of security in compliance with personal data protection regulations and other applicable provisions.

The Entity manages its server environment appropriately, maintains strict firewall infrastructure, and continuously uses up-to-date technologies to ensure that the confidentiality and privacy of information is not compromised.

The User acknowledges and accepts that use of the App is entirely at their own risk and responsibility. The Entity is not liable for any misuse of the App and will only be responsible for damages caused to the User through its own wilful misconduct.

In particular, but not exclusively, the Entity is not liable for:

  • The content of websites linked through links included in the App.
  • Any damage caused to the User's devices by viruses, worms, trojans, or other harmful elements. The User acknowledges that internet use carries the risk of infection by such elements and is responsible for maintaining adequate detection and removal tools.
  • Any damage caused by failures or disconnections in telecommunications networks that result in the suspension, cancellation, or interruption of the App's service. The User acknowledges that access to the App depends on third-party services outside the Entity's control.
  • Any use the User makes of the App's materials, whether permitted or not, in infringement of intellectual and/or industrial property rights.
  • Acts or omissions of third parties, regardless of whether those third parties have a contractual relationship with the Entity.

In no event will the Entity be liable for:

  • Errors or delays in accessing the App, slow or failed delivery of order confirmations, or any anomaly arising from problems in telecommunications networks, force majeure, or other unforeseeable circumstances beyond the Entity's reasonable control.
  • Errors or damage to the App caused by inefficient or bad-faith use of the service by the User.

In any event, the Entity undertakes to resolve any issues that may arise and to offer the User full support in reaching a prompt and satisfactory resolution.

5.Links

The App may include technical links that allow the User to access other websites and internet portals ("Linked Sites"). In such cases, the Entity acts as an intermediary service provider in accordance with Article 17 of the LSSI and will only be liable for the content and services provided on Linked Sites if it has actual knowledge of their unlawfulness and has failed to disable the link with due diligence. If the User believes a Linked Site contains unlawful or inappropriate content, please notify the Entity at info@fitcatch.co. Such notification does not obligate the Entity to remove the link.

The existence of Linked Sites does not imply that the Entity has knowledge of or endorses the services and content of those sites, nor that it maintains agreements with the owners of Linked Sites. The Entity is not responsible for the content of Linked Sites, their terms of use, or privacy policies; the User is solely responsible for reviewing and accepting them.

Any person wishing to establish a link from their site to the App must obtain prior written authorisation from the Entity. Establishing such a link does not imply any relationship between the Entity and the linking site owner, nor does it imply the Entity's acceptance or approval of its content or services.

Any link to the App is subject to the following conditions:

  • No full or partial reproduction of any App service is permitted.
  • No false, inaccurate, or incorrect statements about the App or its services may be included.
  • Under no circumstances will the Entity be liable for the content, information, statements, opinions, or services made available on the page from which a link to the App is established.
  • Any link must direct to the App's main page.

The Entity reserves the right to prohibit or disable any links to the App at any time, particularly if the activity or content of the linking site is unlawful.

6.General Provisions

Use of the App is governed and interpreted in accordance with Spanish law, and any disputes arising between the User and the Entity shall be resolved by the competent courts in accordance with applicable legislation.

If any provision of this Legal Notice is declared null and void, it shall be removed or replaced. Such a declaration shall not affect the validity of the remaining provisions of this Legal Notice.