General terms and conditions of use

1. Introduction

We hereby inform you of the General Conditions of Use of the SENSE App and the websites www.senseapp.es and www.sense.shop, which you can access through the mobile application or through the website (hereinafter, collectively referred to as "Platform"), property of SENSEAPP TECHNOLOGIES, SL (hereinafter as "SENSE"), who owns and manages both. 

Next, we present the terms and conditions that regulate its access, registration, installation and use, in compliance with the provisions of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI -EC).

SENSE expressly requests that you carefully read the Terms and Conditions of Contract and Use before registering, installing and using the Platform. Keep in mind that this document could be modified, so we recommend that you read it periodically.

As a user, you declare to be informed about the Terms and Conditions of Contract and Use, which have been made available to you.

You can consult the latest version of these Conditions whenever you wish, through our website or App. By accessing and registering in the SENSE App you agree to sign a contract that links you with SENSE. In the event that as a user you do not agree with the provisions of the Terms and Conditions of Contract and Use, or you do not accept these Conditions, you must refrain from accessing, registering and using the SENSE App. However, at any time, you can close your account and not access or use the services provided by SENSE.

As a user, you agree to comply with the provisions described in this document and agree to submit to them each time you access and use the services provided by SENSE. Access to the SENSE Platform, the use of its contents and services, implies that as a user you fully and unreservedly adhere to the conditions described below, remaining linked to them and, therefore , consent and declare to be informed about them, which have been made available to you.

In turn, you accept that at any time SENSE may interrupt or deactivate any of the contents of the SENSE App.

2. Owner of the website

Owner: SENSEAPP TECHNOLOGIES, S.L.

NIF: B42863480

Contact: info@sense.shop

3. Object

SENSE is a digital platform that acts as an aggregator, connecting the physical point of sale and the online point of sale. It does this mainly through the development of an application that allows the user to store and centralise all kinds of objects / products within their account to facilitate the purchase process.

In this way, as a user you can save products from any physical store, through the camera functionality, from your photo gallery, from any online store through its integrated browser within the application or by sharing the product from any online store or shopping application.

Whenever you want, as a user you can see and review all the products you have saved, both in the App and from your computer.

4. Access conditions, registration and use of the Sense platform

The SENSE App, its website and its services are free and open access, however, the operator's data plans, their rates for internet use, other related expenses and their corresponding fees, you must pay them, being the only person responsible for it.

SENSE conditions the use of its services offered to the prior completion of the corresponding form, together with the acceptance of the Terms and Conditions of Contract and Use of the aforementioned services.

You can fill in the form directly through the SENSE App or also by connecting through your Facebook or Gmail account.

It is essential that you are of legal age to register, if you are under 18 years of age, you must have the consent of your legal guardians. SENSE reserves the right to request the information it considers in order to verify it.

As a user, you must fill in the fields of the form truthfully, guaranteeing the authenticity of your data that you communicate to SENSE. You must bear in mind that you will be solely responsible for any false or inaccurate statements that you make.

To register on the platform, you must choose a username and password, which we recommend that it be robust and that you modify it periodically for greater security.

In order for you to register on the SENSE Platform, it is essential that you read and accept the Terms and Conditions of Contract and Use that are made available to you.

You can finish completing or editing your personal profile if you wish, indicating a brief description of yourself. Also, you can edit the completed fields on the registration form.

The use of SENSE could include the download of software on your mobile device, computer, tablet. By accepting these conditions, you accept the automatic update of the aforementioned software, these conditions being applicable to all future updates.

Through the SENSE Platform you can discover and save in a single application all those products that you like, so that, if you decide, you can buy them later, you can do it by taking a photo of a product, uploading a product from your gallery of photos or browsing the internet and directly saving the product in SENSE. You can create folders or categories to order, as you wish, the objects / products that you keep.

SENSE offers you the possibility of looking for other users within the platform, adding them, sending them a request and, if this other user approves it, you will be able to see their products saved within SENSE and share yours, in addition to communicating with them at through messages.

With SENSE you have the possibility to receive notifications about your products. In addition, you can create reminders in your saved products, in order that the App reminds you about a product, when you decide to do so.

SENSE offers you the possibility of connecting with other users that you may want to include, through suggestions made based on your data.

5. Conditions of use by the user

As a user, you agree to make correct use of the services provided by SENSE in accordance with the laws, good faith, public order, traffic uses and these Conditions of Contract and Use. As a user, you will respond to SENSE or to to third parties, of any damages that may be caused as a result of the breach of said obligation.

In those cases that request data or information, you agree not to misrepresent your identity by posing as any other person. SENSE is not a place to share misinformation. SENSE eliminates the distribution of false content, as long as it is aware of it, as it could harm third parties, the welfare and safety of users with SENSE.

You expressly agree to make appropriate use of the contents and services of SENSE and not to use them for, among others:

a) Disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, apology for terrorism or, in general, contrary to the law or public order.

b) Introducing computer viruses into the network or performing actions that may alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of SENSE or third parties; as well as obstructing the access of other users to the website and its services through the massive consumption of computer resources through which SENSE provides its services.

c) Attempting to access the email accounts of other users or restricted areas of the SENSE or third-party computer systems and, where appropriate, extract information.

d) Violate the rights of intellectual or industrial property, as well as violate the confidentiality of the information of SENSE or third parties.

e) Impersonate the identity of another user, public administrations or a third party.

f) Reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.

g) Collect data for advertising purposes and to send advertising of any kind and communications for sale or other commercial purposes without your prior request or consent.

In any case, SENSE will not be responsible for the opinions expressed by users through the participation tools that may be created, in accordance with the provisions of the applicable regulations. In addition, SENSE cannot guarantee the veracity, validity and reliability of the content published by third parties, that is why SENE requests that before publishing any type of content, you evaluate it and review it thoroughly.

SENSE reserves the right to delete any content or information that a user shares on the SENSE platform or website, if it considers that it violates these Contract Conditions and Terms of Use or if the law requires it.

SENSE could stop providing its services, disabling or canceling your account, in order to protect its community and services, when it poses a risk to other users or, when it violates current legislation.

6. Exclusion of guarantees and responsabilities

SENSE excludes, as far as the legal system allows, any liability for damages of any kind arising from:

a) The inability to access the platform and 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 of the contents transmitted, disseminated, stored, posts available to those who have been accessed through the website or the services offered.

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

c) Failure to comply with the laws, good faith, public order, traffic uses and this legal notice as a consequence of the incorrect use of the website. In particular, and by way of example, SENSE is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy and the image itself, as well as the regulations on the matter of unfair competition and illegal advertising.

Likewise, SENSE declines any responsibility regarding the information that is outside the SENSE App and is not managed directly by SENSE. The function of the links that appear on the platform or website is exclusively to inform the user about the existence of other sources capable of expanding the content offered by SENSE. SENSE does not guarantee or take responsibility for the operation 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. SENSE is not responsible for the establishment of hyperlinks by third parties.

SENSE does not guarantee the continuous and permanent availability of the services, thus being exonerated from any responsibility for possible damages caused as a result of the lack of availability of the service due to force majeure or errors in the telematic data transfer networks. , beyond their control, or due to disconnections made for improvement or maintenance work on computer equipment and systems. In these cases, SENSE will use its best efforts to give 24 hours notice of the interruption. SENSE will not be responsible for the interruption, suspension or termination of the information or services. Likewise, it is not responsible for possible omissions, loss of information, data, configurations, improper access or breach of confidentiality that originate from technical problems, communications or human omissions, caused by third parties or not attributable to SENSE. Nor will it be liable for damages caused by computer attacks or caused by viruses that affect computer programs, communications systems or equipment used by SENSE but manufactured or provided by a third party. SENSE may, at its sole discretion, deny, withdraw, suspend and / or block at any time and without prior notice access to information and services to those users who violate these rules.

Except in the cases that the law expressly imposes otherwise, and exclusively to the extent and extent to which it imposes it, the application does not guarantee or assume any responsibility regarding possible damages caused by the use and use of the information, data and SENSE services.

In any case, SENSE is excluded from any liability for damages that may be due to the information and / or services provided or supplied by third parties other than SENSE. All the responsibility will be of the third party, be it supplier, collaborator or other.

7. Hiperlinks and linked sites

SENSE could make information and content available to the User through access links to other websites managed by third parties. However, SENSE cannot control or supervise the contents included in them, being your responsibility as a user your navigation in said linked sites. SENSE will only be responsible for the content that appears on the linked sites to the extent that it has effective knowledge of said illegality, without diligently deactivating said link. At the moment in which you consider or have knowledge that any of the linked sites is illegal and consequently violate the rights of third parties, from SENSE we ask you to notify us as soon as possible through the email info@senseapp.es

Neither hyperlinks nor linked sites imply the existence of a relationship between SENSE and the owner of the website where the hyperlink appears or the owner of the linked site, nor the approval by SENSE of the content of said page.

8. Industrial and intellectual property

All the contents of the SENSE Platform and Website, including by way of example, the texts, images, graphics, photographs, software, links and other audiovisual or sound content, source code, etc., are the property of SENSE or from third parties, always with the corresponding licenses for the exploitation of Intellectual Property.

Trademarks and trade names, which are owned by SENSE or third parties, without it being understood that any type of right over them is attributed to the user.

Therefore, all the rights recognized by the Intellectual and Industrial Property regulations are reserved, without implying a waiver, transmission or assignment, in whole or in part, of any of the aforementioned rights by SENSE.

From SENSE we inform you that it is forbidden to copy, reproduce, transform, modify, publicly communicate and distribute in any way and form, the contents of the Platform or website, for commercial and public purposes, except when it is legally permitted or expressly authorized and in writing by the person who owns the aforementioned Intellectual and Industrial Property rights, SENSE.

By the mere fact of browsing the SENSE website or App, as a user you do not acquire any type of right to use the contents, you will only have the right to make use of them in the strictly personal, private and domestic sphere in your computer systems, provided it is not for commercial or professional purposes.

9. Links, viruses and other computer issues

You may not misuse the SENSE platform or website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or harmful program or material. You cannot try to have unauthorized access to the website or App, to the server where they are hosted or to any server, computer or database related to our services. You agree not to attack this website or Platform through a denial of service attack or a distributed denial of service attack.

Failure to comply with this clause could lead to the commission of infractions typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use our platform or website.

We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or platform or the downloading of content from it or to which it redirects.

In the event that our website contains links to other websites and third-party materials, these links are provided for informational purposes only, without our having any control over the content of said websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.

10. Personal data protection

You can find information on the treatment of your personal data in the following link (Privacy Policy).

11. Applicable law and competent jurisdiction

The Contracting Conditions and Terms of Use are governed in each and every one of their extremes by Spanish law and, unless otherwise established in the applicable regulations, any conflict will be submitted by the parties by the judges and courts of Barcelona.

12. More information

For any additional information or suggestion, you can contact SENSE by email: info@senseapp.es