General Contractual Conditions

(English language)

General Contractual Conditions

1. Parties

1.1 Shutapp

Shutapp Projects, S.L. (hereinafter, Shutapp), with Tax Identiication Numberg B66076829 and located in Cl. Provença 314, principal 2, 08037 – Barcelona, responsible of the website accesible through the URL https://thetool.io/ (hereinafter, TheTool), Internet platform related to the study of apps and its positioning on the principal app stores.

1.2 Contracting party

Contracting party means any physical person (of legal age according to Spanish law) or legal person that has accessed TheTool and registered in it, following all the steps included in the registration process, including acceptance of these General Contractual Conditions.

2. Object and acceptance

The aim of these Conditions is to regulate the contracting of any of the services offered in TheTool, in exchange of an economic consideration. Many of the characteristics of the services, such as the price or its duration, may vary according to the services contracted and shall be displayed during the contracting process, depending on the service/s selected. These characteristics shall henceforth be referred to as Particular Terms.

These General Contractual Conditions and the Particular Conditions displayed during the contracting process shall be understood to be accepted without reservations when the user pays. The use of TheTool shall be governed by some specific terms and conditions that you may access by clicking here and that you shall accept the first timee you access TheTool.

3. Contracting process

The contracting process is as follows:

a. The Contracting party shall access TheTool and select the service of his interest.

b. [PASO 2].

c. [PASO 3].

4. The service

The service, without prejudice to what the Particular Terms and the General Terms and Conditions of use state, consists in providing the user access to TheTool. TheTool is intendeed for analysing the impact of a certain positioning strategy within the main app stores, by studying relevant information; namely, the number of users of the app, the kind of downlowads, the ratings and opinions of its users or the conversion rate.

5. Price policy

The price for the service shall be displayed during the contracting process, depending on the chosen service by the Contracting party, and is considered a Particular Condition.

All the prices indicated in TheTool are set by Shutapp, expressed in EUROS and include VAT and/or any other taxes. Information on taxes may vary due to legislative changes.

Promotions or discounts may be offered in TheTool. Such circumstances shall duly informed to the Contracting party, as well as the eventual terms that may apply.

6. Obligations

6.1. Shutapp obligations:

Shutapp undertakes:

a. To employ its best efforts to develop the correct provision of services.

b. To provide the Contracting party with the necessary documentation for the enjoyment of the services.

c. To comply with any other obligations derived from these Conditions or from any other applicable terms or conditions.

6.2. Contracting party obligations:

The Contracting party undertakes:

a. To properly pay the corresponding amounts, including rates, fees, taxes and any other cost informed during the contracting process.

b. To grant the authenticity and correctfulness and accuracy of whatever information the Contracting party may have provided Shutapp during the contracting process.

c. To take responsibility for not fulfilling the requirements that Shutapp demands for being a Contracting party.

d. To comply with any other obligation included herein or in any other terms or conditions that may apply, and to assume any responsibility derived from its breach, indemnifying Shutapp where appropriate.

e. To act in good faith and in a fair way with regard to Shutapp.

7. Exclusion of liability

Shutapp employs its best efforts to ensure that the services provided smoothly. However, Shutapp does not guarantee the non existence of errors or incidents, particularly in the technical domain. Shutapp shall not be held responsible for the consequences derived from such errors when caused by third parties or when they could not have been foreseen.

Shutapp does not guarantee the user the usfulness of the service provided.

In no case will Shutapp take responsibility for the consequences derived from the Contracting party’s use of TheTool. Shutapp will not be held responsible for the information provided by the user when contracting any service, nor for the mistakes in that information, nor for any use contrary to these Conditions or the applicable law.

The user agrees to make use of the services provided by Shutapp under his own risk, being Shutapp’s activity limited to providing the app for the analysis of app positioning.

8. Compensation

Without prejudice to any other compensation included in these Conditions, any breach by you of these General Contractual Conditions may result in damages being payable to Shutapp. If this happens, you will be obliged to compensate us for any type of damage and costs that may result (such as lawyers’ or court representatives’ fees).

As will be the case if any third-party claims or proceedings against Shutapp.

9. Modifications

Shutapp reserves the right to modify TheTool, either on its apearence or interface, code, developments, etc.

Any amendment to these Terms shall be informed to the Contracting party, who shall accept it. Otherwise, it shall be understood that the Contractingi party intends to prevent the extension of the contract, in terms of the following Stipulation.

10. Duration and resolution

The present conditions will be implemented and have a legal effect from the moment the user accepts them, and will be valid until stated in the Particular Conditions. This period will automatically be renewed unless any of the parties communicates the contrary intention before the deadline established.

The user has the right to ask for the resoluteness of the the present Conditions, by communicating the decision to Shutapp, with no right of an economic compensation for the payments already made.

Shutapp has the right to resolute the present conditions unilaterally in case of company dissolution or liquidation, or any situation on which the economic viability of the company is in risk. The user will receive no compensation is these cases.

Shutapp has also the right to resolute the present conditions should the user act against the General Conditions or the Particular Conditions, the user receiving no compensation of any type for the payments already made.

Notwithstanding the foregoing, there are some obligations which, by nature, will prevail even once the contractual relationship ends (e.g. legal warranties).

11. General issues

11.1. Saving clause and interpretation

These General Contractual Conditions constitute a single agreement between both parties, with reciprocal obligations.

If a competent authority declares any of its provisions as illegal, invalid or non-enforceable, this provision must be interpreted in the way that is closest to the original intention of the provision. However, this will not affect the validity of the remaining clauses of these General Conditions.

If one or more of the clauses in these Conditions is declared void, the contracting parties shall negotiate a new clause to replace it, which will be as similar as possible to the original. If replacement is impossible and, in the opinion of the party negatively affected by its elimination, the clause is essential for the Conditions, this party may choose to terminate the contract.

If we do not demand strict compliance with any of the terms of these Conditions, this may not be interpreted as our waiving the right to demand compliance in the future.

11.2. Transfer and delegation

The Contracting party shall not transfer or delegate its rights according to these Conditions or the obligations undertaken hereby. Any transfer and/or delegation shall be considered void.

Shutapp may delegate or transfer, in whole or in part, without prior notice, its rights and obligations according to these Conditions. Shutapp may also be replaced by any third party by virtue of any kind of legal transaction.

11.3 Language

The language applicable to these Conditions is Spanish. If you have been provided with versions of these Conditions in other languages this has been for simple courtesy, to make them easier to read; however, you expressly accept that these Conditions shall be governed by the Spanish version.

If there is any contradiction between what the Spanish version of these Conditions and their translation says, the Spanish version shall prevail in all cases.

11.4 Governing law and venue

The relations between Shutapp and you shall be governed by Spanish law.

As a general rule, for the resolution of conflicts related to the General Contractual Conditions, Shutapp and the Contracting Party expressly renounce any other jurisdiction and submit themselves to the jurisdiction of the courts in the habitual residence of the Contracting Party. However, if the Contracting Party is domiciled outside Spain, Shutapp and the Contracting Party expressly renounce any other jurisdiction and subject themselves to the Courts of the city of Barcelona.

Date of last update:
This agreement was last updated on December 14, 2016.

Link to spanish version