© 2021 TheTool. All rights reserved.
Legal Notice and General Conditions of Use
PLEASE NOTE: The below terms have been kept here for your attention but are obsolescent since 23.02.2021.
The owner of the website accessible from the URL https://thetool.onzeitgeist.com/ (hereinafter TheTool) is Shutapp Projects, S.L. (hereinafter, Shutapp), with NIF B66076829 and address at Calle Córcega, 329, 7ºB, 08037, Barcelona, Spain. In case of any consultation, query, complaint or suggestion with respect to TheTool, please write to [email protected]
This Legal Notice is followed by the Terms and Conditions for Use of TheTool, which regulate its use.
General Conditions of Use
The parties to these General Conditions of Use are Shutapp, as owner of TheTool, and you as user, understood as any individual or corporate entity that freely, voluntarily and without payment accesses TheTool regardless of whether or not you make use of the services offered there.
The simple fact of visiting TheTool means that you subject yourself without reservations to these General Conditions of Use.
Shutapp provides TheTool for the purpose of disseminating its activity and so that Internet users have specific information on the services it offers, related to the ASO or the positioning of apps in mobile app stores.
3. Obligations of the user
As a user you agree:
To make diligent, correct and legal use of TheTool, respecting current law (particularly that relating to data protection and intellectual and industrial property), morals and decency, public order and these General Conditions of Use.
To review periodically these General Conditions of Use or any other applicable conditions, checking for changes that may have been made to any of them.
To check the notifications we send to you, as they may include important information.
Not use TheTool for commercial purposes; for example, by collecting information or content in order to provide other services that may represent obvious competition for Shutapp.Not to modify or try to modify TheTool in any way, or to act or use means designed to simulate the appearance or functions of TheTool.
Not to carry out any action that involves the introduction of computer viruses, worms, Trojans or any other kind of malicious code designed to interrupt, destroy or limit the functionalities of TheTool.
Not to use reverse engineering techniques and/or decipher, decompile or use any other system designed to discover the source code of the TheTool or of any other element subject to copyright or underlying intellectual property rights.
Not to damage, disable, overload or impede the service (or a network or networks connected to the service), or interfere with its enjoyment.
In any case, not to carry out any actions that may infringe the rights or interests of Shutapp or third parties, such as, for example, intellectual property or industrial rights (patents, brand names, copyright, commercial secrets, etc.).
4. Intellectual and industrial property
The intellectual property rights to TheTool and to the elements of which it is composed, including the programming, design, applications, graphics, codes, text or images therein, belong exclusively to Shutapp, or Shutapp has the necessary rights and/or authorisations for their use.
The name of the domain, the brands, commercial names and in general any distinctive mark in TheTool, are also the property of Shutapp and/or Shutapp has the necessary licences to use them.
As a result of the above, any reproduction, distribution, public communication (including making it available), transformation or any other form of use, even if the sources are specified, is prohibited, without the express agreement in writing from Shutapp or the excusive owner of the rights affected.
If you detect any infringement of the intellectual and/or industrial property rights in TheTool, please report it as soon as possible by email to [email protected]
5. Links to third sites
TheTool may include links to pages or websites of third parties not related to Shutapp. Shutapp does not assume any responsibility for these links or the contents that can be accessed through them, as it does not approve or review their functions, advertising or in general the information included in these pages, and disclaims any liability for their content and their correct operation, or any consequences or damage that may occur as a result of accessing them.
Users who access any of these links do so at their own risk, accepting the external nature of these contents and the inability of Shutapp to guarantee that there are no threats, malware or viruses, illegal content or other links that in turn lead to sites with one or more of said characteristics.
6. Exclusion of Liability
Shutapp works to ensure that the services and functionalities of TheTool are always available. However, on access to TheTool it will be shown “as-is”, according to the availability and limitations in place at any time.
Despite Shutapp’s continuous efforts to protect the systems and content included in TheTool, for which purpose it uses the common security standards on the Internet, it is not possible to offer full guarantees in relation to the intrusions or loss of information that may take place. Similarly, there is no guarantee of the absence of viruses or other harmful elements in TheTool or in third-party websites may produce software and hardware changes in the user’s computer system. The user therefore assumes and understands that there are situations that may be beyond the control of Shutapp.
Shutapp does not accept any liability that may derive from the misuse of TheTool by the user, or for the breach of obligations or commitments assumed under these General Conditions of Use, or any other conditions that may be applicable.
In general, neither Shutapp nor its collaborators may be held liable in case of loss of earnings or actual loss for any reason.
If Shutapp suffers any type of damage, losses or costs (including lawyers’ and court representatives’ fees) as a result of a breach by the user of these General Conditions of Use, or any other conditions applicable, the user shall be obliged to compensate Shutapp.
This will also be the case if as a result of a breach by the user claims are made by third parties against Shutapp, in which case the third party shall hold Shutapp harmless, and Shutapp may claim against the user any expenses, costs or damages derived from its actions.
8. Data protection and security risks
9. General matters
9.1. Safeguard and interpretation
These General Conditions of Use constitute an agreement between you as user and Shutapp.
If the competent authority declares any provision to be illegal, invalid or not enforceable, this provision must be interpreted in the way that is closest to its original intent. Such a declaration with respect to one or more of the clauses shall not affect the validity of the remaining ones.
If Shutapp does not comply strictly with one of the terms of these Conditions, it does not constitute, nor in any case may it be interpreted to be, a waiver of a possible demand for compliance in the future.
9.2. Legislation and jurisdiction
Relations between Shutapp and the user shall be governed by Spanish law, and in case of disagreement with respect to the interpretation of or compliance with these General Conditions of Use, they expressly renounce any other jurisdiction that may correspond to them, and subject themselves to the courts of Barcelona, unless any other jurisdiction is determined by imperative law.
Date of last update:
This agreement was last updated on October 10, 2018.