Service Agreement for SPC Easy Mode
Service Agreement
This service agreement regulates the use and utilization of the mobile application SPC EASY MODE owned by SMART PRODUCTS CONNECTION S.A.
Using the APP grants you the status of user of the same and entails your full and unconditional acceptance of each and every condition published in this service agreement.
Before accepting the Agreement, it is assumed that you have carefully read all the contents of the Agreement and fully understand its terms, especially the restrictive or exception clauses. The restrictive or exception clauses are indicated in bold or otherwise highlighted to draw your attention. If you have any doubts regarding the terms of the Agreement, please contact the corresponding business department of SMART PRODUCTS CONNECTION S.A. . Use of the service is not allowed before having read and accepted all the terms of the Agreement, relevant agreements, and rules, etc. Once you select "agree and submit the Agreement" (accept and submit the Agreement) (see the registration page for the detailed wording) and complete the registration procedure, or use the service in any way, it will be considered that you have read and accepted the restrictions of the Agreement and the rules described above. In case of breach of the Agreement, SMART PRODUCTS CONNECTION S.A. holds the right to restrict, suspend, or unilaterally cancel the service for the user, and may exercise the right to investigate your relevant responsibilities.
The parties who sign and subscribe to the Service Agreement (hereinafter referred to as "the Agreement") are you and SMART PRODUCTS CONNECTION S.A.. The Agreement includes (but is not limited to) the APP's Privacy Policy and other content. In case of changes, SMART PRODUCTS CONNECTION S.A. will announce such changes on its official website without the need to send a new notification. After the announcement, the modified agreement and rules will automatically become part of the Agreement, without the need for you to receive a new notification to obtain your consent. If you object to these significant changes, discontinue the use of the APP service; if you continue to use it, it will be considered that you have no objections to the modified rules and that you comply with them.
I. Definitions of terms
1.1 Licensed software refers to the software system developed by SMART PRODUCTS CONNECTION S.A. downloaded from the platform and installed and applied on mobile terminals with the specified system.
1.2 Services refers to the services that SMART PRODUCTS CONNECTION S.A. provides to the user. The user can use these services on the mobile device with the licensed software.
II. Identification and communications
SMART PRODUCTS CONNECTION S.A., in compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, informs you that:
• Its corporate name is: SMART PRODUCTS CONNECTION S.A.
• Its CIF is CIF A01042878
• Its registered office is located at Álava Technology Park, Leonardo Da Vinci 14 01510 Miñano (Álava) Spain
• Registered in the Mercantile Registry of Álava
To contact us, we provide you with different means of communication detailed below:
Phone: 944580178
Email: dpd@spc.es
All notifications and communications between users and SMART PRODUCTS CONNECTION S.A. shall be considered effective, for all purposes, when made through any of the means detailed above.
III. Service
3.1 The APP and its services are free to access. SMART PRODUCTS CONNECTION S.A. may condition the use of some of the services offered in its APP.
3.2 The APP offers services for managing devices connected to the Internet. These functions may be optimized or modified according to changes in user requirements or at the service provider's discretion, and service supply may be suspended due to scheduled or unscheduled maintenance tasks.
3.3 Use of Google services and additional limits on user data.
When the user enables integration with Google services and grants SPC Easy Mode access to their Google data through the OAuth authentication system, the use of such information will be subject to the conditions established in this Agreement and, additionally, to the specific restrictions detailed below, in compliance with the Google API Services User Data Policy, including limited use requirements (Limited Use Requirements).
3.3.1 Purpose of data access
SPC Easy Mode it will only access the information necessary to offer the optional remote contact management functionality, which allows viewing, creating, modifying, or deleting contacts and their associated photos in the user's Google account.
Access to the data will be strictly limited to what is necessary for the provision of this service, and under no circumstances will other Google content or services (such as emails, calendars, files, or other personal data) be accessed.
3.3.2 Prohibition of use for advertising or commercial purposes
SPC will not use the information obtained through the APIs of Google for advertising purposes, commercial segmentation, or the creation of user or contact profiles.
Likewise, the information obtained will not be used for the improvement or training of artificial intelligence models, machine learning, or recommendation systems not related to the provision of the contracted service.
3.3.3 Restriction on the assignment or transfer of data
SPC will not transfer or communicate the information obtained from the user's Google account to third parties, except in the following exceptional cases:
• When such transfer is strictly necessary to provide or improve the functionalities of the remote contact management service.
• When there is a legal obligation or judicial requirement that demands it.
• In the context of a merger, acquisition, or asset transfer, always under the same security and confidentiality standards provided in this Agreement.
3.3.4 Limited human access
Manual access or direct viewing by SPC personnel of contact data — including names, phone numbers, addresses, or photos — will only occur in the following exceptional cases:
• When the user has given their express and specific consent.
• When necessary to investigate security incidents or misuse of the service.
• To comply with a legal obligation or requirement from a competent authority.
• In internal verification or maintenance processes, provided that the data is treated in an aggregated and anonymized manner.
3.3.5 Compliance with Google's policy
The use, storage, and transfer of information obtained through the APIs of Google by SPC will be carried out in strict compliance with the Google API Services User Data Policy, including the Limited Use Requirements, available at:
https://developers.google.com/terms/api-services-user-data-policy
This implies that SPC:
• It will not use user data to develop or improve services unrelated to the functionality of SPC Easy Mode.
• It will not combine the information obtained from the APIs of Google with other personal data without the explicit consent of the user.
• It will adopt the necessary technical and organizational measures to ensure the security, integrity, and confidentiality of the data.
3.3.6 Access revocation
The user may revoke the access granted to the application at any time both from the settings of the same as a from your Google account settings, through the following link:
https://myaccount.google.com/permissions
Once access is revoked, SPC Easy Mode you will no longer be able to view, modify, or sync contacts and their photos, and you will not retain any local or remote copy of such data.
IV. Scope of Service
4.1 SMART PRODUCTS CONNECTION S.A. grants the user the right to use the product based on this software.
4.2 The user is prohibited from granting a license, selling, renting, transferring, publishing the product in any way, or using the product for any other commercial purpose. Due to the limitations of the software adaptation platform and terminals, you may only use the licensed software on the authorized system platform and authorized terminal; if you install the licensed software on another terminal device, the operation of your hardware or software may deteriorate.
4.3 The user agrees that the licensed software may only be used for non-commercial purposes, and the installation, application, and execution of the licensed software for commercial purposes is prohibited. If such commercial use becomes necessary, prior written authorization must be obtained from SMART PRODUCTS CONNECTION S.A.
4.4 SMART PRODUCTS CONNECTION S.A. may modify, update, or transfer the licensed software or relevant functions thereof periodically, and may add new functions or services to the licensed software system. If no separate agreement accompanies the aforementioned functions or services, the user will be entitled to the corresponding functions and services, which will also be subject to the Agreement.
4.5 The user is responsible for the accuracy, reliability, integrity, and legality of the entered data and the legality of the method of obtaining the data, and will perform periodic backups of the data and information. The user assumes all risks related to damage and loss of such information.
V. A third party
5.1 The user agrees that all or part of the APP service is based on software or services provided by a third party, for the purpose of facilitating its application. SMART PRODUCTS CONNECTION S.A. has the necessary legal authorization from the third party.
5.2 The product includes specific third-party information and services. SMART PRODUCTS CONNECTION S.A. does not control or assume responsibility for the third-party information and services.
5.3 The user agrees that SMART PRODUCTS CONNECTION S.A. cannot guarantee that the licensed software will always use or include such services, or that other software provided by the same third party will be used in the future. Likewise, it may use similar services supplied by another third party. After its application, the software or the corresponding mentioned services are subject to this Agreement.**
VI. Service application rules
6.1 The user must use the licensed software normally. The following forms of use violate the application rules:
1) Spreading or sharing computer viruses, worms, malicious code, or software that deliberately damages or alters the system or computer data.
2) Collecting information or data from other users without authorization, such as email addresses and similar information.
3) Maliciously using the product in an automated way that causes server overload or interferes with or causes other damage to the web server and network links.
4) Attempt to access server data or product communication data without authorization.
5) Interfering with or causing damage to other users' production applications.
6.2 The user understands and agrees that:
1) SMART PRODUCTS CONNECTION S.A. will determine if the user is involved in violations of the aforementioned application rules, and will suspend or cancel their application license according to the results of its resolution or impose other restrictions under the applicable agreements.
2) SMART PRODUCTS CONNECTION S.A. will directly delete information issued by the user during the use of the licensed software that violates the law, infringes other legal rights, or breaches the Agreement.
3) If a third party suffers damages arising from the user's non-compliance with the applicable rules, the user will independently assume legal responsibility on their behalf and will protect and indemnify SMART PRODUCTS CONNECTION S.A. against additional losses or expenses arising from the same. Otherwise, SMART PRODUCTS CONNECTION S.A. holds the right to claim the corresponding compensation.
4) If SMART PRODUCTS CONNECTION S.A. suffers any loss due to the user's non-compliance with the law or the Agreement, the user will indemnify SMART PRODUCTS CONNECTION S.A. for the resulting losses and/or expenses.
VII. Rule on the content of information
7.1 The user agrees not to perform any act that violates the law and not to engage in inappropriate behavior through the use of the service. These acts and behaviors include, but are not limited to:
7.1.1 Upload, transfer, or share information that includes any of the contents described below; contents that:
1) Violate the fundamental principles stipulated in the Constitution.
2) Endanger state security, reveal state secrets, undermine state power, and endanger the unity of the state.
3) Harm the honor and benefit of the state.
4) Incite national hatred and discrimination and endanger the unity of the state.
5) Break the state's religious policy and promote heresy and feudal superstition.
6) Spread rumors, disturb social order, and break social stability.
7) Promote obscenity, pornography, gambling, violence, murder, and terror or incite a crime.
8) Insult or slander other persons or infringe the legal rights and interests of others.
9) Include false, fraudulent, threatening content that violates privacy of other people, harassers, criminals, defamatory, indecent, or morally repulsive.
10) Include other contents restricted or prohibited under legislation, regulations, codes, provisions, and other applicable legal norms.
7.2 Contents by SMART PRODUCTS CONNECTION S.A.
All contents of the APP, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose ownership belongs to SMART PRODUCTS CONNECTION S.A., without any exploitation rights being understood to be granted to the user beyond what is strictly necessary for the proper use of the APP.
Likewise, all trademarks, trade names, or distinctive signs of any kind appearing on the website are the property of SMART PRODUCTS CONNECTION S.A. or correctly referred to their legitimate owner, without it being understood that the use or access to them grants the user any rights over them.
The distribution, modification, transfer, or public communication of the content and any other act not expressly authorized by the holder of the exploitation rights is prohibited.
The establishment of a hyperlink does not imply in any case the existence of relationships between SMART PRODUCTS CONNECTION S.A. and the owner of the website where it is established, nor the acceptance and approval by SMART PRODUCTS CONNECTION S.A. of its content or services.
SMART PRODUCTS CONNECTION S.A. is not responsible for the use each user makes of the materials made available in this APP nor for the actions taken based on them.
VIII. Exclusion of warranties and liability
The content of this APP is general in nature and has a purely informative purpose, without fully guaranteeing access to all content, nor its completeness, correctness, validity, or timeliness, nor its suitability or usefulness for a specific purpose.
SMART PRODUCTS CONNECTION S.A. excludes, to the extent permitted by law, any liability for damages of any kind arising from:
a) The impossibility of accessing the website or the lack of truthfulness, accuracy, completeness, and/or timeliness of the content, as well as the existence of defects and flaws of all kinds in the content transmitted, disseminated, stored, made available, or accessed through the APP or the services offered.
b) The presence of viruses or other elements in the content that may cause alterations in users' computer systems, electronic documents, or data.
c) The breach of laws, good faith, public order, traffic customs, and this legal notice as a consequence of the incorrect use of the APP. In particular, and by way of example, SMART PRODUCTS CONNECTION S.A. is not responsible for the actions of third parties that violate intellectual and industrial property rights, trade secrets, rights to honor, personal and family privacy, and image rights, as well as regulations on unfair competition and illicit advertising.
Likewise, SMART PRODUCTS CONNECTION S.A. declines any responsibility regarding information found outside this APP and not directly managed by our webmaster. The function of the links that appear in this APP is exclusively to inform the user about the existence of other sources that may expand the content offered by this APP. SMART PRODUCTS CONNECTION S.A. does not guarantee nor is responsible for the operation or accessibility of the linked sites; nor does it suggest, invite, or recommend visiting them, so it will also not be responsible for the results obtained. SMART PRODUCTS CONNECTION S.A. is not responsible for the establishment of hyperlinks by third parties.
CONTENTS AND THE QUALITY OF SERVICE
CONTENTS AND THE QUALITY OF SERVICE
SMART PRODUCTS CONNECTION, S.A. does not assume any responsibility arising from the contents linked on the Website, provided they are external to it, nor does it guarantee the absence of viruses or other elements in them that may cause alterations in the computer system (hardware and software), in the user's documents or files, excluding any liability for damages of any kind caused to the user for this reason.
In the event that any user, client, or third party considers that the content or services provided by the linked pages are unlawful or harm the goods or rights of the user, a client, or a third party liable for compensation, and, in particular, consist of:
- Activities or contents that may be considered criminal under Spanish criminal law.
- Activities or contents that violate intellectual or industrial property rights.
- Activities or contents that endanger public order, criminal investigation, public safety, and national defense.
- Activities or contents that endanger the protection of public health, respect for human dignity and the principle of non-discrimination, and the protection of health and childhood.
You may notify SMART PRODUCTS CONNECTION, S.A. of this; however, receipt of such communication shall not imply knowledge for the purposes of the liability provided for in article 17 of the LSSICE.
SMART PRODUCTS CONNECTION, S.A. is not responsible for the lack of usefulness or suitability for a specific use of this Website. It is also not liable for any harm the User may suffer due to errors or omissions that the contents of this Website may have, although it commits to periodically verify and monitor its contents and information.
USE OF THE WEB PORTAL
USE OF THE WEB PORTAL
SMART PRODUCTS CONNECTION, S.A. will not be held responsible under any circumstances for the use that Users may make of the Website or the Contents, nor for any damages or losses that may arise from it.
LINKS TO OTHER WEBSITES
LINKS TO OTHER WEBSITES
Any third-party link to the Website must be to its main page, with “deep links,” “framing,” and any other use of the Website’s content for the benefit of unauthorized third parties expressly forbidden.
Through this Website, the User may access websites belonging to and/or managed by third parties.
The presence of such links is purely informative and does not in any case constitute an invitation to contract products or services offered on the destination Website. The User accesses the content under their sole responsibility and according to the terms of use governing those sites. The User acknowledges and agrees that SMART PRODUCTS CONNECTION, S.A. is not directly or indirectly responsible for any damages caused by access to such links.
If SMART PRODUCTS CONNECTION, S.A. becomes effectively aware that the information or activity referred to by such links is unlawful, constitutes a crime, or may harm the goods or rights of a third party subject to compensation, it will act with due diligence to remove or disable the corresponding link as soon as possible.
INDUSTRIAL PROPERTY
INDUSTRIAL PROPERTY
The use of the website does not grant the user any rights over trademarks, trade names, distinctive signs, or designs of any kind that appear on the website.
Articles, news, legislation, and other public content whose intellectual property rights do not belong to SMART PRODUCTS CONNECTION, S.A. are published solely to inform the users of this site.
SMART PRODUCTS CONNECTION, S.A. holds the rights to the source code, design, navigation structure, databases, and the various software elements of the website, as well as the industrial and intellectual property rights related to the content included therein.
APPLICABLE LAW AND JURISDICTION
APPLICABLE LAW AND JURISDICTION
SMART PRODUCTS CONNECTION, S.A. reserves the right to take civil or criminal actions it deems appropriate for the improper use of its website or for the breach of these terms.
The relationship between the user and the provider shall be governed by the laws in force and applicable within the Spanish territory. Should any dispute arise, the parties may submit their conflicts in accordance with the rules on jurisdiction and competence in this regard. SMART PRODUCTS CONNECTION, S.A. is domiciled in ARABA/ÁLAVA, Spain.