Turbo Energy App Terms and Conditions of Use
- General Terms and Conditions of Use
The purpose of this document is to establish the General Terms and Conditions of Use of the Turbo Energy application (hereinafter, the "Mobile Application") owned by UMBRELLA CAPITAL S.L.U., a company of Spanish nationality with Tax ID number B- B98988819 and domiciled at Plaza América 2, 4AB, 4600 - Valencia (hereinafter, the "Mobile Application"). B- B98988819 and domiciled in Plaza de América number 2, 4AB, 46004 - Valencia (hereinafter, "UMBRELLA").
The download, registration and use of the Mobile Application confers the condition of user of the same (hereinafter, the "User") and implies the reading, understanding and acceptance in its entirety of these General Terms and Conditions of Use.
UMBRELLA reserves the right to modify these General Terms and Conditions of Use in order to adapt them to the applicable legislation in force at any given time.
These General Terms and Conditions of Use do not exclude the possibility that certain services of the application, due to their particular characteristics, may also be subject to their own particular conditions of use (hereinafter the "Particular Conditions").
UMBRELLA may, at any time and without prior notice, make changes and updates to these General Terms and Conditions of Use. These changes will be published in the Mobile Application and will be effective from the moment of their publication.
As a consequence of the foregoing, it is the responsibility and obligation of the User to periodically check for changes in these, if he/she continues to use the Mobile Application, this will imply the acceptance and assumption of the same. In the event that the User does not agree with the updates to the General Terms and Conditions of Use, he/she may resign by ceasing to use the Mobile Application.
Access to and downloading of the Mobile Application is free of charge except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User.
2. Use of the Mobile Application
Through the Mobile Application, the User is allowed to remotely manage, monitor and control the Turbo Energy equipment from any mobile device (hereinafter, the "Service").
The User acknowledges and accepts that the use of the contents and/or Services offered by the Mobile Application shall be at his/her exclusive risk and/or responsibility. The User agrees to use the Application and all its content and Services in accordance with the law, morality, public order and these Terms of Use, as well as the Special Conditions that, where applicable, may be applicable. Likewise, you agree to make personal and appropriate use of the Services and/or contents of the Application and not to use them to carry out onerous, illicit or criminal activities that infringe the rights of third parties and/or that infringe the regulations on intellectual and industrial property, or any other rules of the applicable legal system.
3. Intellectual and industrial property
All trademarks, copyrights, databases and other Intellectual Property Rights of the Mobile Application, whatever their nature, as well as the source code, are the exclusive property of UMBRELLA, or, as the case may be, of those owners from whom UMBRELLA has legitimately obtained the license or assignment to use them in the Mobile Application.
The Mobile Application and all the contents provided through the same, including but not limited to, texts, graphics, images, its design and the intellectual property rights that may correspond to such contents, as well as the trademark, commercial name, logo or any other distinctive sign are property of UMBRELLA.
The downloading, access and use of the Application does not grant the User any right over the aforementioned trademark, trade name and/or distinctive signs and any of its contents.
UMBRELLA grants a limited, free, non-exclusive and revocable authorization for personal, non-commercial use to use the multimedia content made available through the Application. This authorization shall remain in force unless the User ceases to use the Application or is terminated at UMBRELLA's request.
UMBRELLA retains ownership of all copies of the Mobile Application, even after it has been installed on the User's device.
The User agrees not to disassemble, decompile, reverse engineer or otherwise attempt to gain access to the source code of the Mobile Application, unless expressly authorized by law to do so.
4. Disclaimer of warranties. Liability.
UMBRELLA does not guarantee or assume any responsibility for the operation, availability, accessibility or continuity of the information contained and the Services of the Mobile Application, which may be modified in whole or in part, temporarily interrupted or even deleted.
UMBRELLA does not guarantee either the maintenance or updating of the information, contents and Services existing in the Mobile Application, nor their quality, reliability, suitability and usefulness.
Likewise, the User accepts that access to the Mobile Application is made through the Internet and mobile networks and that, consequently, the quality and availability of the Mobile Application may be affected by factors beyond UMBRELLA's control.
As a consequence of the foregoing, UMBRELLA shall not be liable, within the limits established in the legislation in force, for any direct or indirect loss or damage or harm caused to the User as a consequence of the unavailability, access failures, lack of continuity of the Mobile Application and/or the access to the Mobile Application itself.
The software version of the Mobile Application may undergo periodic updates for compatibility with new functions and services, as well as to maintain security. Therefore, the User must have a mobile device and an operating system compatible with the new software in order to continue accessing the Mobile Application and using the Service. Consequently, UMBRELLA shall not be liable for the impossibility of access or use of the Mobile Application by the User as a result of incompatibility of devices or operating systems.
The downloading, access and use of the Mobile Application on mobile or similar devices does not imply any obligation on the part of UMBRELLA to control the absence of viruses, worms or any other harmful computer element. It is up to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs. UMBRELLA shall not be liable for any damage or alteration to the User's devices as a result of the installation or use of the Mobile Application, including, but not limited to, computer equipment, portable devices or cell phones.
UMBRELLA shall have no liability for the deletion of, or the inability to store or transmit, any content or other information maintained or transmitted by the Mobile Application. Nor shall it be responsible for the accuracy or reliability of any information contained therein, which is provided on an objective basis and does not constitute a recommendation, advice or instruction. Accordingly, the User shall conduct its own analysis and investigation of the information presented in the Mobile Application and the final decision made by the User with respect to the information contained therein shall not be linked to the content of the Mobile Application, but shall be the result of its own investigations and analysis of the data, information, forecasts, predictions and/or other information contained in the Mobile Application.
The User agrees that, to the extent permitted by applicable law, the User's sole and exclusive right in the event of any problem or dissatisfaction with the Mobile Application, or with the content of the Mobile Application, is to uninstall the Mobile Application and cease using the Mobile Application. However, in the hypothetical case that the User considers that any of the elements and/or contents of the Mobile Application infringes his/her rights or the rights of third parties, he/she must immediately communicate such circumstance to UMBRELLA through any of the means of contact indicated in the Mobile Application or in these General Terms and Conditions of Use, in order to adopt the appropriate measures in accordance with the legislation in force.
5. Duties of the Users
The User must use the Mobile Application, the contents and/or Services in accordance with the law, morality and public order. Likewise, he/she must provide truthful, authentic and accurate information. UMBRELLA shall not be liable for the User's failure to comply with its obligations.
UMBRELLA shall not be liable, indirectly or subsidiarily, for damages of any nature arising from the use of the Services and contents of the Mobile Application by the User or that may arise from the lack of truthfulness, accuracy and/or authenticity of the data or information provided by the User, through the Mobile Application. Therefore, the use of the Mobile Application does not imply any obligation on the part of UMBRELLA to check the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through the same.
UMBRELLA shall not be liable for the decisions made by the User based on the information and use of the Mobile Application nor for the damages caused to the User or third parties as a result of actions based solely on the information obtained in the Mobile Application.
