1.1. IDEABLE SOLUTIONS, S.L. (hereinafter IDEABLE) is a Spanish company whose registered address for management and administration purposes is Edificio Boluetabarri, Carretera Bilbao-Galdácano no. 10, 2º Módulo 10, Bilbao (Bizkaia), with tax ID (CIF) B-95660338, duly registered in the Companies Registry of Bizkaia (Volume 5248, Book 0, Folio 1, Page BI-59243, Entry 1). The company is the owner of the domain kwido.com and its email address for electronic messages from users and third parties is support@kwido.com
2.1. This Legal Notice and the Terms and Conditions of Use and Privacy Policy are made available to users of this website, and specifically in the case of every necessary adaptation, on every download of the Kwido application (hereinafter the App) or during the process of registering as a User of the App. They regulate the access, use and navigation of the website kwido.com, owned by IDEABLE (hereinafter the Website) as well as the downloading of the App, registration as a user of the App, its use and exploitation and, in short, all the rights and obligations of the User and, where applicable, the use of the services and/or contents which, by means of the App, the User is able to enjoy, utilize or view.
2.2. On accessing and registering on the Website as a User or on downloading the App and registering as a User of it on the Website, the User confirms that he/she has read and accepts all the provisions of the Legal Notice and, where applicable, the Terms and Conditions of Use of the Website and the App so that during his/her use of the Website and/or the App, he/she shall be bound by the abovementioned terms.
2.3. This Legal Notice is completed and supplemented by the Terms and Conditions of Use and the Privacy Policy which are made available to Users on the Website and must be accepted both during the process of downloading the App and in the process of registering as a User of the App on the Website.
3.1. IDEABLE is the sole owner or concession-holder of the corresponding licences and/or authorizations of the exploitation rights of the intellectual and/or industrial property rights of the Website, the App and all the software, apart from those applications, software, systems or any other elements that are Open Source and consequently may be used and/or exploited without the necessity for a license to be granted, as well as the brand names, logos, trading names and any other distinctive sign,, design, logo, image, icon, audio excerpt, software, computer programs, digital downloads, utility models or databases that form or have formed part of it at any time.
3.2. Under no circumstances may it be assumed that access to and use of the Website or the downloading and use of the App implies the relinquishment, transmission, licensing, total or partial transfer or authorization of any kind for the use, reproduction, public broadcast, dissemination, disclosure and/or transformation of either the Website, its contents or the App – this being understood in the broadest sense as described in Clause 3.1 above, nor the intellectual and/or industrial property rights inherent in them.
3.3. It is also expressly forbidden, and hence under no circumstances authorized, to modify, copy, reuse, exploit, reproduce, publicly broadcast, made second or subsequent publications, load files, send by email, transmit, use, process or distribute in any way either part or all of the content on the Website and/or the App, if you do not have the express written permission of IDEABLE or, where applicable, the holder of those rights.
4.1. IDEABLE advises users that the company uses cookies on its website for identification purposes as detailed in Clause 4.2. The User acknowledges and accepts that the Company uses cookies on its Website and consents to this use, although he/she may choose to reject these cookies whenever he/she wishes, either by changing the browser settings (if this is permitted by the browser in question), by stopping the use of the website or App, or by using the corresponding cancellation functions. Bear in mind that certain features of the site are only available through the use of cookies and if you decide not to accept them these features may not be available to you. It should also be noted that IDEABLE does not associate IP addresses with any identifiable personal information.
4.2. IDEABLE informs you that the use of cookies on its Website are for the following purposes only:
- a) To recognize Users when they start a session and to understand how they reached the Website in order to provide the User with relevant information and content.
- b) To remember the User’s preferences in their use of the functions of the Website or App.
- c) To fight against fraud.
- d) To have information on the version of the App that the User is using in order to provide new software updates and direct the User to the relevant Help sections.
- e) To facilitate the User’s access to his/her account and account services via the software.
- f) To obtain information, metrics and indicators about the Website such as the total number of visitors and the number of page hits.
- g) To check the efficacy and performance of Kwido’s advertising and marketing campaigns and carry out market research in order to improve the App and the Website itself.
- h) To implement security measures; e.g. logging off after a specific time if the User has not started a session in the service area of his/her account after a certain period of time.
- i) Where applicable, to provide advertising or publicity that might interest the User in accordance with his/her interests.
4.3. IDEABLE also uses third-party cookies to compile statistical data in aggregate form using analysis tools such as Google Analytics. The company uses both permanent and temporary cookies (session cookies).
5.1. In accordance with the provisions of Organic Law 15/1999 of 13 December 1999 on the Protection of Personal Data and its enforcing regulations, and with Law 34/2002 of 11 July 2002 on Information Society Services and Electronic Commerce, IDEABLE informs its users of its data protection policy through its Privacy Policy which is accessible on its Website.
5.2. The collection and processing of personal data and the exercise of users’ rights over these data shall be governed equally by the provisions of this Legal Notice, the Terms and Conditions and, primarily, by the Data Protection and Privacy Policy detailed on the website.
6.1. IDEABLE reserves the right at its entire discretion to review this Legal Notice at any time for legal or technical reasons or due to changes to the service provision or current legislation. If there is any kind of change, the company will duly inform Users via the Website, publishing a new Legal Notice which specifically shows the date it was updated. If, having been duly informed, the User continues to browse the Website and/or use the App, whichever is applicable, it shall be understood that the User has accepted the modifications in question.
A.With regard to the operation of the Website, the App and any associated elements.
7.1. The App is provided in its current state of development and with the functionalities it is equipped with, which is accepted by the User, and consequently IDEABLE cannot guarantee any level of quality and/or performance of the Website or the App beyond its existing content, nor can it guarantee its suitability for any specific or personal use of the User, nor guarantee the availability, continuity or accessibility of the Website, the App or their respective contents.
7.2. Notwithstanding the above, if it is technically possible, IDEABLE shall advise Users in advance of any interruptions or malfunctions in the operation of the Website and/or the App, should this occur, but cannot give any kind of guarantee in this respect.
7.3. The User acknowledges and accepts that IDEABLE has no responsibility whatsoever with regard to damages of any kind which might be due to the lack of availability, accessibility, operation and/or continuity of the Website and/or the App, their contents, the eventual lack of suitability for the desired use of the User or failures or malfunctions in accessing them.
7.4. In any event, any possible liability of IDEABLE with respect to the operation of the App shall be subject to the provisions of the Terms and Conditions of the Service expressly accepted by the User.
B.For the use of the Website, the App and the other associated elements by Users.
7.5. The User undertakes to use the Website, the App and the other elements associated with Kwido with due diligence. The User is obliged to make reasonable and acceptable use of these elements in accordance with the principles of good faith and respect for current legislation, morals, public order, good customs, third party rights and the company’s rights, all according to the purposes and possibilities for which they were designed.
7.6. Consequently, IDEABLE cannot guarantee that the use of the Website, the App or the other associated elements by Users is done in accordance with the Law, with this Legal Notice and, where applicable, any other Terms and Conditions that may be established and which, by their acceptance during the registration process, the User confirms they understand.
7.7. Therefore access to the Website, downloading the App, the registration process and the use that each User makes of the App, its services, the software and other elements available to Users via the App shall be the sole responsibility of the person concerned. Also, the use made by the User of the information, data, images, videos, conversations and/or contents that are added to the Website or the App shall be subject to applicable law, whether national or international, as well as the principles of good faith and lawful use by the Users, who will be entirely responsible for any such incorporations and their proper use.
7.8. In short, IDEABLE is not responsible for any damages or losses of any kind that may result from the incorrect, inappropriate or inadequate use that users make of the Website, the App or the other contents, elements, programs or software associated with them, and shall not accept either direct or indirect responsibility for damages or loss of profits arising from the misuse of data by the User or third parties, all in accordance with the terms of the Terms and Conditions of the Service expressly accepted by the User.
8.1. The series of regulations and conditions that govern the operation of this Website, in the form of the General Contracting Conditions, are governed by Spanish law.
8.2. In the event of any dispute arising from the existence, legitimacy, validity, interpretation, application and/or execution of this Legal Notice, IDEABLE and Users agree to expressly relinquish any other jurisdiction to which they may be entitled and submit to the Courts and Tribunals of the City of Bilbao.