App Service agreement

The use of the APP confers the condition of user of the same and implies full and unreserved acceptance of each and every one of the conditions published in this service agreement.

Before accepting the Agreement, it is assumed that you have carefully read all the contents of the Agreement and are fully aware of its terms, especially the restrictive clauses or exceptions. Restrictive clauses or exceptions are indicated in bold or otherwise highlighted to capture your attention. If in doubt regarding the terms of the Agreement, please contact the appropriate muvit iO Home business department. You may not use the service before you have read and accepted all the terms of the Agreement, relevant agreements and rules, etc. Once you select "agree and submit the Agreement" (see the registration page for detailed wording) and complete the registration procedure, or use the service in any way, you will be deemed to have read and accepted the restrictions of the Agreement and the rules described above. In the event of a breach of the Agreement, INNOV8 IBERIA has the right to unilaterally restrict, suspend or cancel the service to you, and may exercise the right to investigate your relevant responsibilities.

The parties signing and subscribing to the Service Agreement (hereinafter referred to as "the Agreement") are you and INNOV8 IBERIA. The Agreement includes (but is not limited to) the Muvit iO Home Platform Privacy Policy and other content. In the event of a change, Muvit iO Home will post such change on its official website without further notice. After the announcement, the amended agreement and rules will automatically become part of the Agreement, without the need for you to receive a new notice to obtain your consent. If you object to these relevant changes, discontinue use of the APP service; if you continue to use the service, you will be deemed to have no objection to and to abide by the modified rules.

I. Definitions of Terms

1.1 Licensed software refers to the software system developed by Muvit iO Home, downloaded from the platform and installed and applied on mobile terminals with the specified system.

1.2 Services refers to the services that Muvit iO Home provides to the user. The user can use these services on the mobile terminal with the software under license.

II. Identification and Communications

INNOV8 IBERIA, in compliance with Law 34/2002, of July 11th, on Information Society Services and Electronic Commerce, Informs you that:

• Its Corporate name is: INNOV8 IBERIA SL
• Its trade name is: INNOV8 IBERIA
• Its VAT is: ES-B60502333
• Its registered office is at: C/ Les Planes, 2-4 Pol. Fontsanta Ind. - 08970 Sant Joan Despi - Barcelona
• Inscribed in the Mercantile Registry Volume 26.753, Folio 38, Page B-107.577, inscription 1ª, on March 21, 1994.

In order to communicate with us, we put at your disposal different means of contact that we detail next:

Telephone: 934749595

Email: lopd@innov8iberia.com

All notifications and communications between users and INNOV8 IBERIA will be considered effective, for all purposes, when they are made through any of the means listed above.

III. Service

3.1 The APP and its services are accessible by registration and free of charge. INNOV8 IBERIA may condition the use of some of the services offered in your APP.

3.2 Muvit iO Home offers intelligent equipment management services, which allow access to the intelligent terminal on the Muvit iO Home platform and interconnection between intelligent equipment. The contents of the Service include intelligent equipment management, interconnection of scopes and analysis reports, etc. These functions can be optimized or modified according to changes in user requirements or according to the service provider's criteria, and service provision can be suspended due to scheduled or unscheduled maintenance tasks.

IV. Scope of the service

4.1 Muvit iO Home grants the user the right to use the product based on this software.

4.2 The user is prohibited from licensing, selling, renting, transferring, publishing the product in any form 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 on the authorized terminal; if you install the licensed software on another terminal equipment, 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 is prohibited. If such commercial operation is necessary, prior written permission must be obtained from INNOV8 IBERIA.

4.4 INNOV8 IBERIA may modify, update or transfer the licensed software or relevant functions thereof from time to time, and may add new functions or services to the licensed software system. If no separate agreement accompanies the above functions or services, the user shall be entitled to the corresponding functions and services, which shall also be subject to the Agreement.

4.5 The user is responsible for the accuracy, reliability, completeness and legality of the data entered and the legality of the way the data is obtained, and will make regular backups of the data and information. The user shall assume all risks related to the damage and loss of such information.

4.6 The user must duly protect his account number and password. Should any security breach of account occur (including, but not limited to, disclosure of the user password), INNOV8 IBERIA must be notified immediately of the problem and INNOV8 IBERIA will assist the user in taking appropriate action. Otherwise, the user will assume all behaviors and responsibilities related to their account.

V. A third

5.1 The user accepts that part of the Muvit iO Home service is based on software or services provided by a third party for the purpose of facilitating its application. Muvit iO Home has the necessary legal authorization from the third party.

5.2 The product includes specific information and services of the third party. Muvit iO Home does not control or assume responsibility for the information and services of the third party.

5.3 The user accepts that Muvit iO Home cannot guarantee that the software under license will always use or include such services, or that other software provided by the same third party will be used in the future. You may also use similar services provided by another third party. Upon application, such software or services are subject to this Agreement.**

Implementing regulation of the service

6.1 The user must use the licensed software in the normal way. The following forms of use do not comply with the applicable standard:

1. Spreading or sharing computer viruses, worms, malicious code or software that deliberately damages or changes the computer system or data.
2. Collect information or data from other users without authorization, such as email addresses and similar information.
3. Maliciously using the product in an automated manner that causes server overload or interferes with or causes other damage to the web server and network links.
4. Trying to visit server data or product communication data without authorization.
5. Interfering with or causing damage to the production application of other users.

6.2 The user understands and agrees that:

1. Muvit iO Home will determine whether the user is involved in violations of the application standard mentioned above, and will suspend or cancel its application license in accordance with the results of its resolution or adopt other restrictions under the applicable agreements.
2. Muvit iO Home will directly remove the information issued by the user during the use of the licensed software that violates the law, violates other legal rights or violates the Agreement.
3. If a third party suffers damage as a result of the user's failure to comply with the applicable rules, the user will independently assume legal liability on its behalf and will protect and indemnify Muvit iO Home against losses or additional expenses arising therefrom. Otherwise, Muvit iO Home has the right to claim the corresponding compensation.
4. If Muvit iO Home suffers any loss due to the user's failure to comply with the legislation or the Agreement, the user shall indemnify Muvit iO Home in respect of the losses and/or expenses arising therefrom.

VI. Standard of the content of information

7.1 The user undertakes not to perform any act that violates the law and not to commit 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 the security of the state, reveal state secrets, undermine the power of the state and endanger the unity of the state.
3. Damage the honor and benefit of the state.
4. Incite national hatred and discrimination and endanger the unity of the state.
5. Break the religious policy of the state and promote heresy and feudal superstition.
6. Spread rumors, disrupt the social order and break social stability.
7. Foster obscenity, pornography, gambling, violence, murder and terror or instigate a crime.
8. Insulting or slandering others or violating the legal rights and interests of others.
9. Include false, fraudulent, threatening content that violates the privacy of others, harassing, criminal, defamatory, indecent or morally repulsive.
10. Include other content that is restricted or prohibited under existing laws, regulations, codes, provisions and other legal rules.

7.2 Contents by muvit iO Home:

All the 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 property belongs to INNOV8 IBERIA, and none of the exploitation rights over them beyond what is strictly necessary for the correct use of the APP may be understood to have been ceded to the user.

Likewise, all trademarks, trade names or distinctive signs of any kind appearing on the website are the property of INNOV8 IBERIA or correctly referred to their legitimate owner, and it cannot be understood that the use or access to the same attribute any right over them to the user.

The distribution, modification, cession or public communication of the contents and any other act that has not been expressly authorised by the owner of the exploitation rights are prohibited.

The establishment of a hyperlink does not imply in any case the existence of a relationship between INNOV8 IBERIA and the owner of the website in which it is established, nor the acceptance and approval by INNOV8 IBERIA of its contents or services.

INNOV8 IBERIA is not responsible for the use that each user makes of the materials made available in this APP nor for the actions carried out based on the same.

VII. Exclusion of warranties and liability

The content of this APP is of a general nature and has a merely informative purpose, without fully guaranteeing access to all the contents, nor their completeness, correctness, validity or actuality, nor their suitability or usefulness for a specific objective.

INNOV8 IBERIA 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 veracity, accuracy, completeness and/or timeliness of the contents, as well as the existence of vices and defects of all kinds in the contents transmitted, disseminated, stored, made available, which have been accessed through the APP or the services offered.

b) The presence of viruses or other elements in the contents that may produce alterations in computer systems, electronic documents or user data.

c) Non-compliance with laws, good faith, public order, uses of traffic and this legal notice as a consequence of improper use of the APP. In particular, and by way of example, INNOV8 IBERIA is not responsible for the actions of third parties that infringe intellectual and industrial property rights, business secrets, rights to honour, personal and family privacy and self-image, as well as the rules on unfair competition and illegal advertising.

INNOV8 IBERIA also declines any responsibility for information that is outside this APP and is not managed directly 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 capable of extending the contents offered by this APP. INNOV8 IBERIA does not guarantee nor is it responsible for the functioning or accessibility of the linked sites; nor does it suggest, invite or recommend a visit to them, so it will not be responsible for the result obtained. INNOV8 IBERIA is not responsible for the establishment of hyperlinks by third parties.

VIII. Privacy and data policy

9.1 INNOV8 IBERIA gives the highest priority to the protection of your personal information. INNOV8 IBERIA has developed the Muvit iO Home Platform Privacy Policy, which includes content related to ownership and protection of intellectual property, as well as the collection, use, disclosure, storage and protection, etc. of your information. It is recommended that you carefully read the Privacy Policy of the Muvit iO Home Smart platform.

IX. Exception clauses 

10.1 Unless otherwise specified in legislation and regulations, Muvit iO Home will use its best efforts to ensure the protection, validity, accuracy and reliability of the licensed software and related technologies and information; however, Muvit iO Home cannot fully guarantee them due to the limitations of currently available technologies.

10.2 The user agrees that INNOV8 IBERIA shall not assume any liability in relation to direct or indirect losses arising from situations of major cause and the non-performance of a third party.

10.3 The user shall be liable for personal injuries or incidental or indirect injuries arising out of or in connection with any of the following incidents: 1) A third party uses the licensed software or changes its data without permission; 2) Expenses and losses arising from the use of the licensed software; 3) User's misunderstanding of the licensed software; 4) Other losses related to the licensed software arising from reasons not attributable to Muvit iO Home.

10.4 Any other software obtained from the licensed software that has not been developed and published by Muvit iO Home or the development and publication of software not authorized by INNOV8 IBERIA are considered illegal software. Downloading, installing and using such software may result in unpredictable risks. INNOV8 IBERIA shall be exempt from any legal liability and litigation arising from these activities and INNOV8 IBERIA shall have the right to suspend or cancel the application license and/or all other services.

10.5 The user has been informed that the use of the Muvit iO Home platform involves the Internet service, which may be affected by unstable factors in all communication links. Although Muvit iO Home has taken protective measures, the service may be suspended, cancelled, delayed, subject to application restrictions or application failures arising from defects inherent in the Internet and electronic communications, as well as factors beyond the reasonable control of any party to the Agreement (including, but not limited to, fire, flood, terrorist attack, plague, natural disaster, riot, terminal virus, hacker attack, network failure and terminal failure). The user hereby agrees to assume the risks indicated above and acknowledges that Muvit iO Home will be exonerated from any liability when the normal operation of the services is affected by the risks indicated above.

X. Cancellation of the Agreement and breach of the Agreement

11.1 You understand that you will use the licensed software in accordance with the scope of authorization, you will respect the intellectual property of the software and the content included in the software, and you will perform your obligations under the Agreement when using the services of Muvit iO Home. Muvit iO Home will terminate the application license if the user commits a material breach of the Agreement.

11.2 The application you make of the software is based on support services provided by companies related to Muvit iO Home. Failure by the user to comply with terms, agreements, rules, notices and other relevant regulations of Muvit iO Home and its related companies may result in a breach of the normal use of the licensed software; in such case, Muvit iO Home may exercise its right to cancel the application license, or take steps to restrict its application license or other rights and interests controlled by Muvit iO Home that are stipulated in the Agreement, including suspension or cancellation of its application license.

11.3 In the event of a breach by the user of the Agreement or other agreements entered into with Muvit iO Home and/or INNOV8 IBERIA, INNOV8 IBERIA shall have the right to inform the related companies to require them to take restrictive measures with respect to their rights and interests, including requesting the relevant companies to suspend or cancel all or part of the services they provide to the user, and to announce their breach of the agreement on the websites that these companies effectively operate or control.

11.4 The licensed software is downloaded from the download platform and the user shall comply with the provisions of the download platform, the system platform and the terminal manufacturer in relation to the application alternatives and restrictions of the licensed software. If the aforementioned third party confirms that the user has breached the Agreement and the intervention of Muvit iO Home is required, Muvit iO Home may cancel its application license at the request of the third party.

11.5 In case of cancellation of the application license, the user must interrupt the use of the licensed software and destroy all copies.

11.6 The user must assume all liability for compensation if Muvit iO Home and other users suffer losses arising from their failure to comply with the terms stipulated in the Agreement.

XI. Current legislation and divisibility

In the event that any user or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any content and/or the carrying out of any activity in the APP itself or in the web pages included or accessible through the APP (property of INNOV8 IBERIA), they must send a notification to INNOV8 IBERIA duly identifying themselves, specifying the alleged infringements and expressly declaring and under their responsibility that the information provided in the notification is exact.

To file any complaint or claim with INNOV8 IBERIA, the customer should contact the customer service department.

For all litigious matters concerning the INNOV8 IBERIA website, Spanish law shall apply, and the Courts and Tribunals of Barcelona (Spain) shall be competent.

Pursuant to the EU Online Consumer Dispute Resolution and in accordance with Art. 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides all consumers with an online dispute resolution platform which is available at the following link: https://ec.europa.eu/consumers/odr/.

The present conditions will be governed by the Spanish legislation in force.

The language used will be Spanish.