The website accessed through https://thetool.io (hereinafter, TheTool) is is Shutapp Projects, S.L (hereinafter Shutapp), with Tax Identification Number B66076829 and located in Cl. Provença 314, principal 2, 08037 – Barcelona. For any doubt, query, complaint or suggestion with regard to TheTool, please write us at [email protected]
This document is an English translation, provided for users’ convenience only. Although reasonable efforts have been made to provide an accurate translation, the Spanish version of this general terms will govern the relationship between users and Shutapp. If there is any contradiction between what the Spanish version of the Legal Notice says and what this translation says, the Spanish version shall take precedence.
Below are the rules and obligations governing TheTool access and navigation.
General Conditions of Use
These General Conditions of Use are entered into between Shutapp, owner of TheTool, and you, as user, that means any natural or legal person who freely and voluntarily access TheTool, either using or not the services available on it.
By accessing, browsing and/or using TheTool, you agree without reservation to be bound by this General Conditions of Use.
Shutapp offers TheTool with the purpose of spreading its activity and that internet users know in detail the services provided there, related with the ASO or the app position in mobile app stores.
3. User obligations
As a User, you undertake to:
a. Use TheTool diligently, correctly and legally, always respecting current law (particularly in relation to data protection, and intellectual and industrial property), morality and good customs, as well as pubic order and these General Conditions of Use.
b. Review these General Conditions of Use regularly, and any other applicable conditions, checking to see if any changes have been made.
c. Check the communications issued by Shutapp, as they may contain important information.
d. Not to use TheTool for commercial purposes, in the sense of collecting information or content to provide other services that clearly constitute competition to Shutapp.
e. Not to modify or try to modify TheTool in any way, or carry out any actions or use means designed to simulate the appearance or functions of TheTool.
f. Not to carry out any action that may involve introducing computer viruses, worms, Trojans or any other kind of malicious code designed to interrupt, destruct or limit the functions of TheTool.
g. Not to use reverse engineering techniques and/or decipher, decompile or use any other system designed to discover the source code of TheTool or of any other element subject to copyright or underlying intellectual property.
h. Not to damage, disable, overburden or obstruct the service (or network or networks connected to the service) or interfere in its use and enjoyment.
i. In any event, not to engage in any kinds of action that may infringe the rights or interests of TheTool or third parties such as, by way of example, intellectual or industrial property rights (patents, trademarks, copyright, commercial secrets…).
4. Intellectual property rights
The content hosted on TheTool, including the programming, design, graphics, codes, text and images present there, belong exclusively to Shutapp, or it has sufficient rights and/or authorisations for its exploitation.
Similarly, domain names, trademarks, commercial names and in general any distinguishing marks found on TheTool are also owned by Shutapp or it has the necessary licences for its use.
As a result of the above, any reproduction, distribution, public communication (including transfer), transformation or any other form of exploitation, even if the sources are cited, is prohibited, unless the prior written consent of Shutapp or the exclusive owner of the rights involved.
If you detect any infringement of intellectual and/or industrial property rights on the Platform, we request that you let us know in writing to [email protected]
5. Third-party sites
Shutapp may include links to third-party web pages or websites, which are nevertheless not linked to Shutapp. In this respect we act simply as intermediaries, and we do not approve or revise the functions, advertising or, in general, content included in third-party pages, even when they are linked from Shutapp.
You therefore understand and accept that Shutapp may not be held liable for, nor may it guarantee for you, the content of such pages or sites, their correct operation, or the consequences or damage that may occur derived from access to them. You access any of these links at your own risk, and you assume and recognise that we cannot guarantee that there are no threats or viruses, or that their content is legal.
Shutapp has been made available to the users, so that they can use and enjoy it. Its services and features are displayed “as is”, “as available”.
Shutapp works hard and diligently to protect the system and the contents of the Platform against intrusions and information loss, by implementing the standards customary in the Internet. However, it cannot guarantee the absence of viruses or other elements in the Platform or in third parties’ websites that may alter the Users’ computer system (hardware or software) or the documents or files stored therein. Users acknowledge that there may be situations beyond the control of Shutapp.
Shutapp does not accept any liability if you use of the platform badly, and if you breach of the obligations or commitments that you assume under these General Conditions of Use or any others that are applicable.
To the extent permitted by law, Shutapp or their suppliers shall not be liable for lost profits, consequential losses or any other loss whatsoever.
Any breach of these Terms and Conditions could cause us damages. You shall indemnify us if, by virtue of your breaches of these General Conditions of Use or of any other applicable conditions, we suffer damages, losses or any other costs (such as legal fees).
Likewise, you shall keep us harmless if claims or proceedings are initiated against us due to your breaches, and we may claim you any expense, cost or damage derived from your action.
8. Privacy and data protection
9. General matters
9.1. Waiver and interpretation
These General Conditions of Use constitute a single agreement between both parties, with reciprocal obligations.
If a competent authority declares any of its provisions as unlawful , invalid or non-enforceable, this provision must be interpreted in the way that is closest to the original intention of the provision. However, this does not affect the validity of the remaining clauses of these General Conditions.
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.
The language applicable to these General Conditions of Use 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 take precedence in all cases.
9.3. Governing law and venue
The relations between Shutapp and the user will be governed by Spanish law. In the case of a conflict in the interpretation or compliance with these General Conditions they shall be subject to the courts of the city of Barcelona, expressly renouncing any other jurisdiction that may correspond to them, unless another different jurisdiction is determined as binding by law.
Date of last update:
This agreement was last updated on December 14, 2016.