TERMS AND CONDITIONS OF USE

The following conditions of use apply to the Atrivity application downloaded or accessible from any shop or distribution platform (such as Apple App Store or Google Play, hereinafter “Application supplier") where the application is available.

The present Terms and Conditions of Use may be modified and updated without prior warning. The changes will be published on the application and will be effective from the date of publication. Use of the application implies acceptance of the Terms and Conditions of Use applicable at that moment.

Access to, downloading and use of the application is free of charge except for the cost of connecting to the telecommunications network supplied by the access supplier contracted by the users.

 

1.       Ownership

The intelectual property of the software App Atrivity belongs to APE SOFTWARE COMPONENTS, S.L. (hereafter Compettia), with TIN B60516291 and registered address at Avda. Alcalde Barnils, 72 2ºB, Sant Cugat del Vallés, Barcelona, Spain, where this company is the holder of the application rights and is responsible for the same.

As with the web platform, all the content of the games in the application (questions, users, question images, communications and customizable layout images) displayed to the User through the App are the responsibility of Compettia, or the Customer of Compettia (hereafter Customer). Compettia only guarantees the privacy, safe storage and display of the information in the Customer environment to which the Customer or Compettia grant privileges.

 

2.       Terms and Conditions

The access, browsing and use of Atrivity is the sole responsibility of the user (hereinafter the “User/s”) under the terms laid out in the present Terms and Conditions.

The use of Atrivity is subject to the present Terms and Conditions. The User should read and accept the present Terms and Conditions before downloading the Atrivity Application from the market and its consequent use. In the event that the User does not accept the Terms and Conditions, please do not use Atrivity.

In order to use the Aplicación, the Customer or Compettia have to grant access to the User.

Subject to compliance with these conditions, the Customer and its users may download and install a copy of the Atrivity application on their mobile device, and access and use the Services included with the application for their own or corporate use.

With respect to the Atrivity application, it is not permitted to: (i) copy, modify or distribute the application for any purpose; (ii) transfer, license, lease, loan, rent or distribute the application or the Services included to a third party; (iii) decompile, perform inverse engineering, dismount or create work derived from the application or the Services included therein; (iv) make available any function of the application, or the services supplied with it, to other users via any means; or (v) use the Services or functions of the application illegally, for any illegal purpose, or in any way which does not comply with the present Terms and Conditions.

 

3.       Responsibility

Compettia shall not be liable in the event of Force majeure or when the user devices do not permit, due to their configuration, the correct use of the application.

The user shall have the appropriate tools for the detection and disinfection of damaged computer programs, and Compettia is not responsible for controlling the absence of virus.

The Users, on accepting the present Terms and Conditions, in relation to the registration and maintenance of the security of their accounts, undertake to:

(i) Not provide false personal information.

(ii) Not to share the password, or let another person access their account, or carry out actions that may endanger the security of the account.

(iii) Not to transfer the account to anyone without the prior written consent of the Customer or Compettia.

(iv) If a User selects a user name or identifier similar to another for their account, Compettia reserves the right to delete it or recall it as they consider appropriate.

(v) The User undertakes to use Atrivity in accordance with the Law, the present Terms and Conditions, good customs and public order. Similarly, the User is obliged not to use Atrivity, its content or the services provided through the same for purposes or effects that are illegal or contrary to the contents of these Terms and Conditions, harmful to the interests or rights of third parties, or that in any way may harm, render useless or deteriorate Atrivity, its content or its services, or prevent normal enjoyment of the same by other Users.

(vi) Atrivity allows Users to share photos and other content in the corresponding sections of the mobile application (for example, “My account”). The User guarantees that: (i) the content provided does not contain the image of a third party other than the User, without the consent of the third party or parties in question; (ii) they will not display or share the photos of minors, except in the case that the corresponding content was submitted by the father, mother, guardian or legal representative of the minor; (iii) the contents do not violate the rights (including, by way of example, intellectual property rights, industrial property rights, the right to self-image or personal intimacy, or any other rights) or third-party interests, or any applicable standard or regulation (international, Spanish or any other); (iv) the content shall not contain any element which may be considered offensive or discriminatory (whether for reasons of race, religion, gender, sexual orientation, political or trade union affiliation), illegal, threatening, libelous, defamatory, obscene, pornographic or indecent, or any other inappropriate mode towards any third party, any of the brands of the Customer or Compettia.

(vii) In addition, the User expressly undertakes not to destroy, alter, render useless or, in any other way, damage the data, programs or electronic documents found on Atrivity.

(viii) The User undertakes not to obstruct the access of other users to Atrivity as a result of the over consumption of the computer resources through which Compettia makes the Game available, or to carry out any actions that damage, interrupt or generate errors in these systems.

(ix) The User undertakes not to introduce programs, virus, macros, applets, ActiveX controls or any other logical device or character sequence that causes or is likely to cause an alteration to the Compettia or third party computer systems.

 

4.       Limitation of guarantees and liabilities

The User expressly accepts that the use made of Atrivity is on their own account and at their own risk.

Compettia does not accept liability, except for those points to which they are obliged by the Law, for any irregularities that may be contained in the contents created, published, provided and/or made available by the Users, or for any damage that may be incurred due to the insertion of the contents in the sections permitted of the application. Compettia does not accept responsibility for content submitted by the Users when they have not been duly informed that the information stored is illicit or that it harms the property or rights of a third party susceptible to compensation. As soon as Compettia is duly informed that they are storing data such as that described above, they undertake to exercise due diligence to remove said data or prevent access to the same.

Compettia undertakes to employ their best efforts to guarantee the quality of Atrivity and to prevent any errors in the contents and functioning of Atrivity. In any case, Compettia will be exempt of any liability derived from error in the content that may appear in Atrivity, and from any operating anomaly beyond their control.

Compettia reserves the right to interrupt Atrivity for technical repairs and maintenance of the equipment, and for the improvement of the application.

Compettia reserves the right to block and/or expel Users who do not use Atrivity correctly.

Compettia is exempt from all liability in the event of the incorrect functioning of the electronic communication networks which prevent the normal development of Atrivity for reasons outside the control of Compettia, and in particular for external malicious acts.

Nor is Compettia liable for problems in the transmission or loss of data attributable to Compettia.

In any case, all rights that the current applicable Laws guarantee to Users shall be guaranteed.

 

5.       Modification of the Terms and Conditions

Compettia expressly reserves the right to modify these Terms and Conditions without prior warning. The User recognises and accepts that it is their responsibility to review Atrivity and these Terms and Conditions. The continued use by the User of Atrivity after said modifications shall be considered as recognition of the modifications to the Terms and Conditions and the User will be legally bound to the new Terms and Conditions.

 

6.       Data protection and Privacy

The Customer and their users agree that Compettia may store the necessary identification data (e-mail, password, name, surnames and alias, optional customizable image), and the necessary application licenses (specified and which must be accepted during the application installation process), in order to enjoy the Services supplied by the application. The Customer and their users also agree that their Alias in the system, Name and Surnames, and optionally their image, supplied to the system, are visible in the system to other users of the system, but always in a context limited to the Customer environment. Compettia undertakes not to disclose to Third parties the private or corporate user data (e-mail, password, and any data from the mobile device on which the application is installed) stored in the application support systems, and to comply with the applicable legislation for the treatment of personal data.

The User may receive notifications from the Atrivity application, with information regarding ongoing challenges, the individual or team ranking, and other notifications with respect to the deadlines for launching new challenges to Users.

The data of User in Atrivity is visible to enable the search among Users of the application in order to launch new challenges, and the User’s position in the individual or team ranking (including the percentage of challenges won), such that they are visible to the other Users. The User shall not make any use of the data published for the other Users beyond the simple recreational or training use for which it is intended by Atrivity, and always within Atrivity.

Users’ personal or corporate data entered in Atrivity or relating to the challenges will be stored as long as the account remains active.

Compettia will have access to the statistical information of the Users. The results obtained from the use of Atrivity by the different Users will only be used for statistical purposes.

To exercise their rights of access, rectification, cancellation and opposition, the User may write to the "Data Protection and Privacy Department", with same address as Compettia or send an e-mail to  support@compettia.com ,entering the reference Atrivity Account in the subject.

 

7.       Reporting abuse

If the User considers that any of the content available on Atrivity is offensive, inappropriate and/or violates their rights as recognised in current legislation, the User may report the content in writing to the e-mail address  support@compettia.com In this event, Compettia will investigate the reliability and origin of the request

 

8.       Applicable jurisdiction and law

All the questions underwritten between Compettia and the User relating to the interpretation, compliance and validity of the Terms and Conditions are governed by their own clauses and, where these are not established therein, in accordance with Spanish legislation, the parties expressly submitting to the jurisdiction of the Courts of the User’s registered address.