1. Parties

These Terms and Conditions are entered into between Shutapp, owner of TheTool, of the first part, and the user, understood as any individual or corporate entity that freely and voluntarily accesses TheTool, of the second part, regardless of whether said user makes use of the services and functionalities available there at any time.

By the simple fact of visiting TheTool, the user agrees without reservations to the provisions of these Terms and Conditions, although Shutapp may require their prior acceptance to make use of the tools and functionalities included in them at any time.

2. Functionalities of TheTool

Use of TheTool is only possible after having registered or been invited by another user with sufficient permissions to do so. TheTool is a tool that allows users to analyse the impact of a certain positioning strategy for an app in the main mobile app stores, through the study and analysis of relevant information, such as for example the number and type of downloads of an app, the ratings and reviews of users, or the conversion rate.

TheTool allows users with sufficient permissions to invite third parties to join with the aim of sharing with them the information offered on TheTool. Users invited have limited permissions on TheTool; they only have permission to read the information they access, and may only modify their access keys.

Users can be invited by entering their e-mail address. Users who invite a third party must ensure they have permission from the addressee to send him or her an invitation. When inviting a third party, users declare they have the authorisation from the addressee to do so and will hold Shutapp harmless of the consequences resulting if this is not the case.

3. Obligations on the user

Any user of TheTool agrees:

a) To use TheTool in a diligent, correct and legal fashion, with respect for current law (particularly that relating to data protection, intellectual and environmental property), morals, public order and generally accepted good customs.

b) To review periodically these Terms and conditions or any other applicable conditions, checking for changes that may have been made to any of them.

c) To check the notifications Shutapp sends to you, as they may include important information.

d) 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.

e) Not to modify or try to modify TheTool in any way, or to act or use means designed to simulate the appearance or functions or the identity of TheTool.

f) Not to damage, disable, overload or impede the service (or a network or networks connected to the service), or interfere with its enjoyment.

g) 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.

h) 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.

i) 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.).

Equally, with respect to registration in TheTool, users agree:

a) Not to register using deliberately false or inaccurate data or by using the identity of a third party.

b) Only to use the account registered in their name, and not to use the accounts of third parties.

c) Not to sell, make commercial use of or transfer the account to third parties.

d) To be the sole party responsible for any of the activities carried out from the account, which must be kept duly updated at all times.

e) To ensure the strict confidentiality of data and access codes, given that users assume liability for any damage that may result from the breach of such confidentiality.

4. Intellectual property and use licence

TheTool and all the elements that compose it, including the programming, design, graphics, codes, text or images present there, with the exception of the information contributed by users, are either the exclusive property of Shutapp, or Shutapp has sufficient rights and/or authorisations to use them. The brands, commercial names and in general any distinctive sign published on TheTool, except for those published by the users, is either the property of Shutapp or of their respective owners, or Shutapp has the necessary licences for their use.

As a result of the above, any reproduction, distribution, public communication (including making it available), transformation or any other form of operation, including if the sources are specified, is prohibited, without prior 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 e-mail to info@thetool.io.

Through these Conditions, Shutapp grants in favour of the users a non-transferable and non-exclusive licence for TheTool in the form of availability via the Internet and without any territorial limitation; with the purpose, duration and other limitations provided for under these Conditions, or any other conditions that may be applicable, and under current law; and conditional on compliance by the user with the terms provided for herein and any other conditions that bind the user with Shutapp.

The above does not mean the transfer to the user of any intellectual property right or any other exclusive property right, in particular over TheTool.

5. Duration and termination

These Terms and conditions enter into force with their acceptance. Their duration is indefinite and conditional on the time that the user remains registered with TheTool. The user may terminate these Terms and Conditions at any time by cancelling TheTool, if this option is available, or asking for cancellation from Shutapp by sending an e-mail indicating this to info@thetool.io.

Shutapp may block or eliminate any user account in case of a breach of these Terms and Conditions or any other conditions that may be applicable.

6. Exclusion of liability

Shutapp works to ensure that the services and functionalities of TheTool are available at any time. Nevertheless, TheTool 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 normal security standards on the Internet, it is not possible to offer full guarantees in relation to any unauthorised access or loss of information that may occur. Similarly, there is no guarantee of the absence of viruses or other harmful elements in TheTool or in third-party websites may produce changes in the computer system that the visitor uses for access. The visitor therefore assumes and understands that there are situations that may be beyond the control of Shutapp.

Shutapp does not accept any liability for the misuse of TheTool by the visitor, or for the breach of the visitor’s obligations or commitments assumed under these Terms and Conditions, 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. In no case shall Shutapp be liable for the degree to which TheTool is useful to the user. Shutapp cannot guarantee the truth of the information offered by TheTool or its accuracy, as there may be errors on generating these data.

With respect to the links to third party pages published on TheTool by Shutapp, the visitor recognises and accepts that they lead to third-party sites that are alien to TheTool and Shutapp, and that Shutapp does not approve or review the functions, advertising, or in general the content included in third-party pages, even if they are linked from TheTool; as a result, Shutapp cannot guarantee that there are no computer threats, viruses or malware in such sites, or that they do not house illegal or inadequate content or other links that in turn lead to sites with one or more of the above characteristics.

7. Indemnity

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 Terms and Conditions 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

The collection and processing of the user’s personal data collected by Shutapp through TheTool is governed by a specific Privacy Policy accessible by clicking here.

With respect to any personal third-party data provided by the user to TheTool (for example, the e-mail of third parties that it wants to invite, or any other personal data that Shutapp has access to as a result of the user making use of TheTool), Shutapp is considered as simply a Data Processor, in accordance with the provisions of Organic Law 15/1999 of the 13 December, on personal data protection, and will limit itself to use these data according to the instructions given by the user who provided the data, who will be responsible for the data in accordance with said law.

When processing the data, Shutapp undertakes to do so with the sole purpose of allowing the user to make use of and enjoy TheTool, applying the technical measures necessary according to applicable law, and will abstain from using them for purposes other than those provided for in these Conditions, under no circumstances transferring them to third parties, not even for the purpose of their storage.

9. Safeguard and interpretation

These Terms and Conditions 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 any provision of these Terms and 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.

10. 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 Terms and Conditions, 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.

Link to spanish version